Am I entitled to my husbands 401k in a divorce? 33 Answers as of October 28, 2011

If it was acquired during the marriage, it is a marital asset subject to equitable distribution. You would be entitled to one-half of whatever was accrued during the marriage.

Yes any property that comes into the marriage unless specifically excluded is considered marital and is subject to being divided by the court.

A lot more needs to be disclosed about your marriage and assets in order to answer your question. Since your marriage is so short in duration, a judge might not give you anything. Also, since the marriage is only 4 years old, his 401K, probably, is not worth much.

You need a good divorce lawyer. I can help you with this. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.

In Wisconsin, property division starts at 50/50. So yes, you are entitled to ask for it in your divorce.

You are entitled to half of the net community assets, including half of the portion of the 401K that resulted from work during the marriage until separation, and half of thesavings thatwere saved during the marriage that remain at the time of separation.

Any asset acquired during the marriage, including the value of retirement plans and 401K plans, are deemed marital and capable of division in a divorce regardless of whose name the account may be in.

A 401K accrued during the marriage is usually divided during the marriage.

Anything either of you acquired during the marriage, debts and assets, are marital and each is entitled to half the net value. This would include any retirement accounts accumulated during the marriage.

Generally, all property (including retirement) accrued during marriage is equally divided upon divorce.

You are entitled to your community property share. That is your percentage earned during the marriage.

Depends. You may ask for 1/2 of benefits accrued during marriage but it will be up to court to decide whether you get it.

Generally speaking, each party is entitled to half of any assets (and half of any debts) that are acquired during the marriage. This includes 401k and any other accumulated savings.

You are entitled to a fair share of all the marital property. If the 401k was entirely earned during the marriage, it is marital property. There are no rules as to what is "fair" nor is there anything to require that each separate item of marital property be divided. If you and your husband cannot agree to what is an overall fair settlement, a judge will have to decide after consideration of all the relevant facts and circumstances.

You may be entitled to some of his 401K. However, it is impossible to make a firm prediction without knowing a great deal more about your situation. The statute says that the court is to make a fair and equitable division of all of the property. There are a number of factors that the court is supposed to consider in reaching that division. If the court is going to divide the property, it first has to classify it. All of the property is going to be classified as your separate property, her separate property, or community property. Which of these classifications a particular piece of property falls into will depend on how and when the property was obtained. In most cases, property obtained during the marriage will be community property. Once the property is classified, how it gets divided will depend on a number of factors. Some of the factors that the court may consider are: the duration of the marriage, the ages of the parties, the health of the parties, the educational background of the parties, the employment history of the parties, and each party's future prospects. The court then has to come up with what the court believes is a fair and equitable division of all of the property using these and other factors. Now, if there is enough community property so that the court can come up with a fair division using just the community property, the court will generally do that. However, if there is not enough community property for the court to reach what it believes is a fair division, then, it can invade separate property.

You are entitled to share in whatever you have both accumulated during your marriage which was not a gift or inheritance.

You are entitled to an equitable division of property that was acquired during the marriage. So if his 401(k) was entirely built up during the marriage and he didn't have that account before the marriage, the entire balance should be marital property and you are entitled to an equitable division of that property.

Possibly. Any portion attibutable to you would depend on what he contributed during the marriage and the length of the marriage.

Everything that accrued during the marriage will probably be divided equally, even if it's in his name alone.

Any assets, including 401k, earnings from work that go into bank accounts, etc, are community property. Meaning, that such assets are equally divided upon divorce. Call a local family law lawyer for help.

Anything accumulated during the marriage is subject to division.

We recommend you retain a divorce lawyer ASAP concerning all your rights and options, including a right to an equitable property division as to all marital assets. Good luck!