QUESTION
Am I entitled to half of my soon to be ex-wife's 401k and pension?
Asked on Apr 08th, 2013 on Divorce - Arizona
More details to this question:
Wife filed for Divorce and is with another man and we have 2 kids together. She has 401k and pension through work, she makes about 71,000 a year and I make about 16,000 a year, so would I be entitled to half. I live in AZ. We just had a hearing on just the parenting rights and not sure when the next hearing will be. Do I have a chance to get what's coming to me?
1 ANSWER
Generally speaking, you are entitled to half of anything that accumulated during the marriage (including her 401k). If she started the 401k before you were married, then any funds she had in the account prior to the marriage are her separate property, not subject to division.
Answered on Apr 09th, 2013 at 7:40 PM