QUESTION
What is the process and cost of pursuing a portion of your spouse''s 401K after divorce?
Asked on Mar 15th, 2012 on Trusts and Estates - Rhode Island
More details to this question:
When my husband and I married I already had a 401K I was contributing to regularly. We were married December 6, 2008 and I stopped contributing to that account until up around June 2010 when I lost my job. We were just divorced in court March 13th this year and now he''s saying he''s trying to go after "his share" of my 401K. There is only $3,700 in it tied up in stocks, so the bottom line fluctuates daily. There was about $20K in it when we married, but we kept taking from it to catch up on bills and the mortgage, so now the amount is significantly less than when we married. My questions are:
1. How much is he entitled to of my current balance?
2. How much is it going to cost him to pursue a lawyer and get the court order to have my account examined?
3. Is it even worth it for him to move ahead with this, i.e, is he spending more money in court/lawyer fees than he will return from my savings?
Thank you in advance for your response.
1 ANSWER
Mediation (Family, Estate, Elder/Adult Care, Divorce) Attorney serving Tulsa, OK
at
Gale Allison, PLLC
Update Your Profile
Perhaps if you post your question to the Divorce or Family Law section you will get the most useful information. You have posted to the Trusts and Estates area, where we address questions about what happens after someone dies, and about planning for what you intend to happen after you die.
I hope this helps you get the answers you need.
To your success,
Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/GaleAllison
Answered on Mar 19th, 2012 at 5:31 PM