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

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!

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Attorney answers 2


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,, or Judicare,

Good luck.

In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship. You should seek counsel in your geographic area regarding any specific questions.


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.

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