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New York Case Law

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Solomon v. Solomon 1999 WL 33305810, 2001 N.Y. Slip Op. 40051(U) (N.Y.Sup, 1999) Citing the Domestic Relations Law Section 236 B(1)c (marital property is “all property acquired by either or both spouses during the marriage …” ), the court found that the increase in value of a pre-marital 401(K) due to market forces is not marital property. The same section of the Domestic Relations Law defines separate property as “property acquired before marriage…”

To learn more about pensions in divorce, consult our explanation here.

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