Was married 21 years then divorced basically still commom law married for 15 months then remarried so am I still entitled to half of his 401k since he started getting it.
Your question is very difficult to comment on, without more information. I will say that if your marriage was ended by a valid divorce judgment, after 21 years, that divorce proceeding was the proper opportunity to seek a share of any community property, such as retirement, from the marriage.
If, after the divorce, you reconciled, that re-starting of the relationship doesn't make the divorce 'disappear,' automatically, but you certainly could have started up with a new marriage. However, Idaho eliminated "common law" marriage as of January, 1996, so if your 'reconciliation' happened in Idaho after that, you would probably not be 'married' in the eyes of Idaho law without a proper marriage license.
But clearly, you should talk with a family law attorney about this entire situation, as there may be aspects of this entire relationship which deserve further inquiry, to determine if in fact you have lost any rights in community property from the earlier long-term marriage. I simply cannot say for sure without more information.
These comments do not constitute legal advice, and are only intended as general information which may or may not be applicable to your unique and individual circumstances. There is no substitute for actual consultation with an experienced licensed attorney in your jurisdiction or location.
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