401k plans

I would like to know how long you have to married to someone to request 1/2 of 401k plan. My husband has been having an affair for the past 2 1/2 years and they have a child together he nows lives with this woman and refuses to assist me with any support due to I have a roommate and we have been married for 10 years and he now wants to file for a do it yourself divorce can I ask for 1/2 of 401k plan.

by joesbaby 1 Post
Posted on 3/18/2008 11:47 AM

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Answers for "401k plans" (3) (You must be logged in to answer)

My x is getting half of my 401 k
I took a loan out from the 401 k to pay for lawyer fees and guess what?I have to come up with half the money to give her half that I took out.From N.E,MASS

by steveo 218 Posts
Posted on 3/18/2008 5:37 PM

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Typically, the amount in a 401(k) accumulated during the course of a marriage is considered marital property.... Here is a great article form the site re 401ks and divorce:

http://www.divorce360.com/articles/259/money-tips-protecting-your-401k-in-divorce.aspx

by oct15 175 Posts
Posted on 3/18/2008 3:02 PM

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Every state is different, but all of this usually depends on the length of marriage. I think ten years is enough time to get half of the assets (and debts), but you'll need to check your state laws on that. Have you hired a lawyer yet?

by Mary 179 Posts
Posted on 3/18/2008 2:55 PM

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