Is a 401(K) Divisible During Divorce?

One of the most difficult and emotional parts of divorce is dividing up the belongings that you and your spouse have accumulated over the course of your marriage. Whether you were married for five months, five years or five decades, determining who gets what can bring out a nasty side to your spouse that you may not have known before. This can lead to an attempt to hide assets from Colorado courts. details one of the most common pieces of property that is overlooked during your divorce: your spouse’s 401(k) account.

When it comes to the 401(k) and divorce, the account is divisible even if your spouse has not yet exercised his or her stock options. This retirement benefit is just as much both of your property as the yearly salary, so you should have just as much right to a portion of it.

Many spouses will attempt to lie to their partner about what is considered joint property. If any land, houses or vehicles were offered to your spouse as part of a retirement or work compensation, you should have partial ownership of it. This applies even if your name is not on the title.

One simple way to determine whether or not the account or property is yours to claim is to figure out when ownership took place. If your spouse acquired something before the two of you were married, it may not be yours. If he or she had an account before marriage, but more money has been added since you wed, you are a part-owner. This information is intended as education and should not be considered legal advice.


The Kaplan Law, L.L.C. Team

Creative Solutions Tailored Specifically To Each Case
  • Marc J. Kaplan Photo
    Marc J. Kaplan

  • Paige  Mackey Murray Photo
    Paige Mackey Murray

  • Jodie  Dominguez-Paris Photo
    Jodie Dominguez-Paris



High-Level, Personalized Legal Services
  • Will discuss every option and provide sound advice

    “Extremely professional staff and attorneys who will discuss every option and provide sound advice leaving you to decide what to choose.”

    - Bijan R.
  • I have been lucky to be represented by true professionals

    “I have been a client of Kaplan law for a decade now. From the start Marc Kaplan, and his paralegal Jodie has handle everything their was todo with my divorces, and my child custody issues. As I'm not ...”

    - Andrew F.
  • He handled his part with integrity and zealousness

    “Marc is an excellent lawyer - my case was very complicated and he handled his part with integrity and zealousness”

    - Anthony F.
  • They were spot on in my case.

    “I have worked with Kaplan Law for the past eight years. In all cases, I found them to ALWAYS be well prepared. They provided me with accurate information, then presented viable, practical options for ...”

    - Dan M.
  • Experience and professionalism

    “Marc and Jodie have been amazing during a very difficult process. Marc's experience and professionalism is why he is one of the Top 100 trial attorney's in the country. Highly recommend him.”

    - Eric H.


  • Super Lawyers Marc J. Kaplan 2
  • Best Lawyers Marc Kaplan
  • Rising Stars James Cordes
  • Best Law Firms US NEWS
  • Best Law Firm 2020
  • Super Lawyers Marc J. Kaplan
  • Martindale Hubble Peer Reviewed Rated
  • Avvo - Marc J Kaplan
  • Top Lawyers Denver
  • AVVO- James M. Cordes

Stay One Step Ahead

Call Today
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.