Is my wife entitled to my 401k if we divorce?

Is my wife entitled to my 401k if we divorce?

Your desire to protect your funds may be self-seeking. Or it may be a matter of survival. But either way, your spouse has the legal grounds to claim all or part of your 401k benefits in a divorce settlement. And in most cases, you’ll have to find a way to make a fair and equitable split of the funds.

How long must you be married to receive survivor benefits?

If there was no common-law partner, it is the person to whom the contributor was married at the time of death. To be considered common-law, the couple must have lived together a conjugal relationship for at least one year (the partner’s gender is not germane).

Do you lose spousal Social Security if you remarry?

— If you remarry before you turn 60 and that marriage ends, you may become entitled or re-entitled to benefits on your prior deceased spouse’s earnings record. If you receive divorced spouse’s benefits — Generally, your benefits end if you remarry.