Lack of affection is why she wants out, I keep house, she goes. Only dispute is my 401k, she wants half when I retire.

Asked 9 months ago - Kansas City, MO

Can I fight her on 401K and win? all other financials are agreed on. No fault looks good, we're broken beyond repair.

Attorney answers (2)

  1. Adam Kielich

    Contributor Level 18


    Lawyers agree

    Answered . I'd have a hard time seeing a judge award you the house and your entire 401k unless she is receiving roughly an equal portion of marital property, assuming the house and 401k (or the majority of the 401k) were acquired during the marriage. There are definitely not enough facts provided here to provide any meaningful guidance on this question.

  2. Matthew Adam Pek

    Contributor Level 11

    Answered . You've got yourself a good answer there. Do not expect the world from your ex-wife as seen through the eyes of a judge, who will invariably save for exceptional cases tend to side with the mother since the mother tends to get custody and family and matrimonial court are all about THE CHILDREN.

    So, if she's got custody, and has a 401K, I'm not matrimonial attorney, but I'd have to think you're looking at a very long shot at best.

    Good luck!


    Attention: This e-mail originates from the law firm of CARTER PEK, P.C. ("The Firm"). All information appearing... more

Related Topics


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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