What happens if it's not possible to determine the balance of a retirement account at the time of marriage?

By Arin Fife
May 25, 2017
What happens if it

If this is the case, a formula can be used to determine the non-marital portion of that account. You can simply multiply the average yearly contribution times the number of years worked prior to the marriage. The problem with doing this is that it really is an imperfect method. The premarital portion can easily be overestimated, especially in long-term marriages, as we all know as people age their incomes usually increase along with their contributions to a 401(k) or an IRA. This average can kind of be skewed and often over-value that premarital portion.

Arin Fife is a family lawyer at Boyle Feinberg, P.C. in Illinois. To learn more about the firm, visit www.bffamlaw.com. Visit their firm profile here.

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May 25, 2017
Categories:  FAQs

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