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My husband has not worked in years and says that he will not fight the divorce. Will he have a chance at being able to access my 401k plan?
6 ANSWERS
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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Yes, monies set aside for retirement during the marriage are marital property so he may get half those funds.
Answered on Jun 02nd, 2015 at 11:27 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Yes. Find an experienced matrimonial lawyer to protect yourself as well as you can. Good Luck.
Answered on Jun 02nd, 2015 at 11:25 AM
Yes he would be entitled to a portion of your 401(k). That portion would be calculated by the number of years of the marriage. He may be entitled to 50% of the 401(k) during the years of marriage. That can however be negotiable. Good luck.
Answered on Jun 02nd, 2015 at 8:57 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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A very good chance. The longer you wait the more he will get.
Answered on Jun 01st, 2015 at 11:25 PM
If your 401 was acquired during your marriage to your husband he is entitled to part of it when you divorce. Good luck.
Answered on Jun 01st, 2015 at 10:37 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Yes, anything accumulated during the marriage is marital property subject to division.
Answered on Jun 01st, 2015 at 8:21 PM