QUESTION
Am I still entitled to half my husband's liquidated 401k?
Asked on Jul 20th, 2015 on Divorce - Pennsylvania
More details to this question:
I have been separated for 10 months. My husband has served divorce papers a week ago. I just found out he liquidated his entire 401k 6 months ago. Am I still entitled to half?
1 ANSWER
3 Awards
No one can answer this without more information. There is no 50% rule. PA has equitable distribution which considers many factors-length of marriage, being one of them. Is it a marital asset or premarital property. If he liquidated the asset in anticipation of divorce, he will need to account for it and you may have a shot at recovering your share if there is anything left.
Answered on Jul 27th, 2015 at 7:09 AM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900