If your divorce is not yet finalized, then the division of the 401k should be addressed in the divorce proceedings. Generally, any portion of the 401k that was earned during the marriage would be divided 50/50. However, if you have already finalized your divorce and this wasn't addressed, then you may not be entitled to anything UNLESS he failed to disclose it on a financial affidavit or otherwise concealed it. If your divorce is final and he didn't list it on his financial affidavit or otherwise concealed it, you should immediately consult with an attorney as it is possible to have it still addressed.
Answered on May 16th, 2017 at 8:51 AM