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Will a spouse be entitled to both 401k and pension ?

Mineola, NY |

Simple, is a spouse entitled to both or one or the other?

Attorney Answers 1


  1. If this is a divorce question, all of the assets are before the court for an equitable distribution. If this is an estate question, the beneficiary designation on the plan may control subject to claw back provisions in a statutory spousal claim against the estate. I could imagine facts where they could take it all and facts where they get nothing. You should talk to a lawyer in person that can maintain your confidences if you want specific advice applicable to your circumstances.

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