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    brenda10's Avatar
    brenda10 Posts: 1, Reputation: 1
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    #1

    Sep 6, 2008, 04:00 AM
    Am I entitled to part of his 401K
    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's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    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.
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