QUESTION
If we divorce, will I have a share in my husband's 401k?
Asked on Sep 15th, 2015 on Divorce - Illinois
More details to this question:
We have been married for 10 years. My husband has worked for his company for 30 years. He has a 401k that didn't start making any real money until after we were married even though he was contributing monies out of each paycheck for the years prior to our marriage. He will retire in two years. If we divorce am I entitled to any of his 401?
1 ANSWER
If there are no offsetting pensions, a court may well order that you get ? of the marital portion of his 401(k). A court rarely will order apportion of the contributions ade during the marriage but will order you get a percentage of the whole ? 1/6th or 1/2 of 10/30ths
Answered on Sep 16th, 2015 at 8:00 PM