My husband does not want to work have not in years and now I have had it I want to leaves him do I have to give him half of my 401k

That's dependent on the rest of the financial settlement and whether you reach an agreement or the Judge issues an order. There is no "one answer fits all." Have you consulted with an Attorney?

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Originally Posted by jayreeddd

my husband does not want to work have not in years and now i have had it i want to leaves him do i have to give him half of my 401k

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A basic rule of thumb is that if you live in a community property state and this is something you accumulated within the marriage then yes 1/2 may be his. But as with anything else it's a bargining chip not an absolute.

So it is possible that he may get part of it, there are just too many "ifs" and "maybe's" to make a good call with so little info

In any divorce, esp if it is not one where both parties agree to all terms and separation of property, you will need an attorney. They will need to review alll of your issues with a divorce

One thing you did not mention is that you may also have to pay them alimony esp if they have not worked for a number of years and you supported them