Answers to legal questions

posed by the general public to Memphis Attorney Christina Burdette


Q: Can I get half of my spouse's retirement(401k etc.) after being married ten years?


I live in Tennessee, spouse lives in South Carolina. We have been apart over a year and not legally separated. We will have been married ten years coming September 2015.



A: Tennessee is an equitable distribution state.

Therefore, you may be entitled to half of your spouse's 401K if you file for divorce. You don't automatically get half of his 401K just because you've been married to him for ten years. Perhaps you're thinking about social security.


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Taylor Moore v. Taylor Divorce Property Division

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More information on divorce, custody, support, and asset division.

Alimony Basics
Grounds for Divorce
Divorce Financials
Funding Family Law Actions.
Planning for Divorce.
After Divorce Name Change.
Divorce Protective Order.
Annulment instead of Divorce.
Divorce Parenting Plan.
Child abuse claims during Divorce.
Post Divorce Parenting Plan Change.
Social Media & Divorce.
Paternity claims.
Divorce Flow Chart
15 Divorce tips
Tennessee DIY Divorce Information
Tennessee Divorce Mediation Process
Tennessee Child Custody Law
Tennessee Child Support Law
Tennessee Child Adoption Law

Hire an Experienced Lawyer

At The Burdette Law Firm we are competent, and caring lawyers and parents ourselves. When dealing with family law matters, and will provide excellent legal advice. We give our clients a great deal of information on family so they can have the proper understanding to make important legal decisions. Family law is an emotional process, and we always strive to ease the stress during this difficult situation.

Contact our lawyers for more information

After reviewing the above if you have questions and need our assistance in a family law matter, please call us at (901) 756-7878 or use the contact form to the right.



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Christina Burdette