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Am I entitled to half my wife's 401k?

Seffner, FL |

My wife of 12 years wants a divorce. I make about 68k gross, she about 57k. She has a 401k of about $35,000. I've never been able to start one because all of my money has gone to bills for housing, entertainment etc. When we married she had thousands of dollars in credit card debt which I helped paid off, her old bank and credit card statements would verify that, as would our joint records. I also used a large part of my severance check from the Army when I was medically discharged to again pay thousands of dollars off on her credit cards, much of which was from a child custody battle between her and her last husband. Our home is worth far less than it could be sold for, so her 401k is the only real asset from the marriage. Am I entitled to half of her 401k?

Attorney Answers 2


  1. Regardless of how either of you spent your earnings during the marriage, any portion of your Wife's 401k that was earned during the marriage is a marital asset and you are likely entitled to half. The Court will equitably distribute any marital assets and the ultimate goal is to leave the parties on as equal footing as possible.


  2. Regardless of how either of you spent your earnings during the marriage, any portion of your Wife's 401k that was earned during the marriage is a marital asset and you are likely entitled to half. The Court will equitably distribute any marital assets and the ultimate goal is to leave the parties on as equal footing as possible.

    www.mensdivorcelaw.com

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