My husband wants a divorce. He works but has no retirement fund. He could always start a retirement where he works but chooses not too. I have a retirement account where I work. Could he still be entitled to part of my 401k even though he does not have one? And chooses not to have one. It would not seem fair if he could

If any of the 401k was gained during the marriage then most likely he is entitled to 1/2 of what was gained in a divorce settlement.