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Can my soon to be ex wife take all or half of my 401k?

Prestonsburg, KY |

has had problems with her she has wrote bad checks and tampered with my bank account, she has not paid bills while we were together

Attorney Answers 2


  1. She may have a right to some portion of your retirement. Ther are many factors used to determine what she should take in an equitable distribution. Such as, length of marriage, her role in the marriage, etc. Seek local representation to maximize your settlement.This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.


  2. Division of marital assets is subject to a number of factors set out in the divorce statutes. Each state has its own. No one asset can be subjected to analysis in isolation without viewing all of the assets that both of you own, and without understanding the full context of the marriage including but not limited to your stations in life, the lifestyles to which you are accustomed, your educational and employment histories, your current abilities to support yourselves, and many other circumstances.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

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