Yes, in most cases the employment benefits accrued during a marriage are considered marital property and will be divided between the spouses.
Depending on your circumstances, your spouse may be entitled to as much as half of accumulated 401(k) values, any pension attached to your work, and other benefits you have received from the start of the marriage to the date the divorce was filed.
Because most households today are dual income households, it’s difficult to say exactly how your benefits will be factored.
If you and your spouse have similar amounts in employer-sponsored retirement savings, there may be no need to distribute them.
On the other hand, if one of you has been putting money away for retirement while the other has been using their income to pay the bills, the situation is likely to require more negotiation to arrive a satisfactory agreement.
Your divorce attorney will ultimately be responsible for ensuring that you have the maximum protection possible in protecting your assets and wealth in a divorce.
Call the attorneys at Zelenitz, Shapiro & D’Agostino today at 718-523-1111 and talk to an experienced Queens divorce lawyer for free.