QUESTION

Am I entitled to half of my husband's 401K?

Asked on Sep 07th, 2014 on Divorce - New York
More details to this question:
Hello. My husband of 11 years has recently informed me that he is leaving me for his mistress. I have not worked since I was pregnant with our first child, seven and a half years in all. We have two children with rare diseases whom the sicker of the two I home school. Soon to be ex told me I am only entitled to half of his contribution to his 401k not his companies half (they have a matching contribution policy). Is this true?
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1 ANSWER

Bruce Provda
As far as the 401K goes that is correct. However you might get alimony, definitely child support and some of the other assets of the marriage including real estate. Consult an attorney.
Answered on Sep 08th, 2014 at 1:19 PM

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