QUESTION
Does spouse get half of 401K if took only half of house sale.
Asked on Mar 01st, 2014 on Divorce - New York
More details to this question:
Seperated for last 20 years but still legally married. Am I entitled to half of 401K for full 46 years of marriage or only before he left. Sold joint home and he took half of sale.
1 ANSWER
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Property division in New York divorce is called "equitable distribution," and that is different from "equal distribution." You should talk to an attorney in person about your case because your spouse may argue that you should get less than the full half of his 401k given the length of separation. Good luck!
Answered on Mar 04th, 2014 at 3:38 PM