How exactly does a 401k split work in the state of Wisconsin? My husband and I were together and had a child in 2000 then in July 2002 we got married and we decided even before marriage that I would stay home with the children until they were in kindergarten which is this sept... I went through this marriage knowing I would go back to school this sept graduate by the time my daughter was in the second grade and begin work. I couldn't have been more wrong on the man I married. I heart breakingly found out while I was at home taking care of the children, babysitting building websites for extra money, doing all of the cooking cleaning and maitenance on the house including repairs he was cheating and lying... Wisconsin is a 50/50 state so all debt we split and all assets. I sat there and we lived meekly and I worked hard to make extra and still stay home so we could have a hell of a retirement. He took out 10,000 loan a couple of years back against his 401k and we have been paying that off for a long time. The state doesn't care he made all of these promises and one day poof out of the blue said your screwed. He filed for divorce in April of this year (2010) and I know he will be able to answer it but he's not here now and I am trying to find answers to some of my questions. More so because the ex is not only scum from cheating but also scum that just is pissed he has to pay child support so he is threatening me like crazy so the more I know the better I can just let it roll off my shoulders.

Also what's the difference between an ira and 401k

When was the 401k opened? Was it before you were married?

No It was opened during I believe. Either way I had a small sum of 2900 I could seprate and take out of mine and that was before marriage, once taxes are taken out 2200 is the check I will receive and that is being used for my lawyer. The word just came in ex has asked for half of it. He took 3000 of our savings for an attorney though.

Anyhoo just wondering how the ira and 401 works, does he split it?

A roth IRA works different and has different rules then a 401k. Im not up to full speed on the complete differences. This might help.

Ref:

What's the difference between a 401(k) Plan and an IRA? (http://www.bankrate.com/brm/news/dollardiva/19990903c.asp)