In Wisconsin would I get 50% of my exhusbands 401k? Just the amount earned during the marriage or all of it?

Asked 11 months ago - West Bend, WI

Also can I take this as a lump sum? I currently don't work (can't) and need money badly. Also, where can I get legal advice and/or help for free or possibly working on a percentage of what I get as a settlement? Thanks in advance!

Attorney answers (2)

  1. Gregory J. Jerabek

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . The answer to this question is not as simple as a yes or no.

    You need to get a lawyer to look into these issues. If you cannot afford one, I can only suggest Legal Action of Wisconsin, http://www.legalaction.org/, or Judicare, http://www.judicare.org/.

    Good luck.

    In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does... more
  2. Maxwell Charles Livingston

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . I agree with the answer provided. Contingency fees are prohibited in divorce cases. So, you would have to provide an hourly fee or find someone very generous. Otherwise, you can request attorney's fees from your spouse in your answer/petition for dissolution of marriage.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Dividing a 401(k) in a Divorce

A 401(k) retirement savings account, like other assets owned by a married couple, may be included in a division of property during divorce.

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