My wife and I are separated. We have been married for 5 years. I am considering divorce. I had my house before we got married and an established a 401k. My first question is she entitled to any portion of my 401k? and the second question is she entitled to any of the equity in the house? If so, can you give me the law that governs the rulings.
If you divorce, the law in Missouri is that she would be entitled to the marital portion of your 401k. That means the portion that accrued from the date of your marriage to the date of your divorce. The same generally goes for the house, so long as you did not put her name on it. If you did, then there may be an issue of "transmutation" into marital property. Meaning that the entire home could be considered marital, but it certainly depends on the specifics of your situation.