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My brother is going to prison as a sex offender. His second wife is now divorcing him but not before taking all of his 401k. He has 2 kids with his first wife.
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Employment & Labor Attorney serving Oregon, OH
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An incarcerated person does not forfeit his property rights, and would be entitled to an equitable division of marital property. He may get a little less sympathy than a non-incarcerated person, but he is entitled to the same basic rights. It is probably even more important than usual for him to obtain counsel to protect his rights.
Answered on Aug 11th, 2016 at 6:32 PM