If I was married 23 years to my former spouse, am I entitled to any of his 401k benefits? 4 Answers as of May 16, 2017

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Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
If your divorce is not yet finalized, then the division of the 401k should be addressed in the divorce proceedings. Generally, any portion of the 401k that was earned during the marriage would be divided 50/50. However, if you have already finalized your divorce and this wasn't addressed, then you may not be entitled to anything UNLESS he failed to disclose it on a financial affidavit or otherwise concealed it. If your divorce is final and he didn't list it on his financial affidavit or otherwise concealed it, you should immediately consult with an attorney as it is possible to have it still addressed.
Answer Applies to: Florida
Replied: 5/16/2017
Law Office of Robert E McCall | Robert McCall
Depends on the language in the Final Judgment. If you are still married, divorce is not final, you should receive one-half of his, he should receive one-half of yours.
Answer Applies to: Florida
Replied: 5/16/2017
Ronald L. Bornstein, P.A. | Ronald L. Bornstein
Generally, if any portion of the 401k benefits were earned during the marriage, you would have a potential equitable distribution claim to one-half of the marital portion of the 401k benefits. Not all 401k plans are the same, and there may be restrictions in the plan documents. Consult with an attorney to discuss the specifics of your situation and your options.
Answer Applies to: Florida
Replied: 5/16/2017
R. Jason de Groot, P.A
R. Jason de Groot, P.A | R. Jason de Groot
Perhaps is the only answer that I can give you based upon such little information. The thing to do is to have a full discussion with a local family attorney.
Answer Applies to: Florida
Replied: 5/16/2017
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