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Am I entitled to 1/2 the total value of his 401k or 1/2 value of the 401k less his loan against it?
Sevierville, TN
Viewed 53 times.
Posted 7 months ago in Divorce / Separation
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Married 23 years. Moved out 3 months ago. He has a 401K (convinced me I didn't need one years ago). My question is I know I'm entitled to 1/2, right? But he has loan against it. Which he wasted or put into the house for remodeling. My questions are
Am I entitled to the total value of the 401k or just the value less the loan amount? Also am I entitled to 1/2 of his employer pension? He has about 13 years till retirment. Also the bills are in both names but his income is about 3 x what I make. One teenage child that wants to stay with his father because he is mad at me. I will seek joint custody. If there was infidelity 10+ years ago on his part can that still be used a cause of the divorce? - Is this your question? Add additional information Answers (1)
Timothy Jay Waller
This attorney is licensed in Florida.
Posted 7 months ago.
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Yes, you are likely entitled to a half or close to half of the 401K, and the Pension Plan. You are also entitled to property division, likely permanent periodic alimony, and child support. Many states have "no fault" divorce which means you can get divorced for any reason. Given that the infidelity happened so long ago I would doubt it would have much impact on filing for divorce today.
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