pension and 401k

[Lara]

my husband had taken his pension buyout and put that into his 401k.  i am entitled to a % of the marital assest of the pension.  my question is can the pension funds and the 401k funds be looked at separately and would i be entitled to 50% of the 401k which was funded during the 20 yrs of marriage?
thanks

[Lee Borden]

I'm not sure how you came up with these percentages. In my state, these issues would be far less precise. If your state has designed rules that are as precise as you indicate, I would think those precise rules also would offer a procedure to be used when plan is merged into another. Assuming for a moment that there is not so precise a rule and that this decision is in the discretion of the trial court, it's not so much that the trial court would be likely to "re-separate" the retirement plans; instead, I would expect the trial court to consider all the factors together and adjust the percentage awarded to each party accordingly.