The Burdette Law
Germantown - Memphis, TN.
(901) 756-7878 in Germantown
(901) 756-6433 in Memphis
Answers to general legal questions posed by the general public
by 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.