View Full Version : Am I entitled to part of his 401K
brenda10
Sep 6, 2008, 04:00 AM
I am going through a divorce and my husband has a 401K and I do not. Am I entitled to part of the 401K that he has even though we only been married for 7 years?
Fr_Chuck
Sep 6, 2008, 06:25 AM
Moved to retirement
This will depend upon many factors, including where you live and the laws in the state you are gettimng divorced in
ScottGem
Sep 6, 2008, 06:33 AM
This is really a divorce issue since it's a matter of community property laws and/or negotiation. There is certainly provision for you to claim part of his 401K as part of your divorce settlement.
You need to discuss this with your divorce attorney.