Is my wife entitled to my 401k if she admitted to cheating on me? 38 Answers as of August 24, 2011

Yes. Under Minnesota law, "fault" including infidelity has no impact on the property division in a divorce. Each spouse is entitled to one half of any asset and/or its value that was acquired during the marriage.

We recommend that you discuss with your own divorce attorney the potential impact of adultery on alimony and property division in Georgia. Good luck.

In Wisconsin it is a no-fault divorce state, which means she is still entitled to equal property division even though she admitted to cheating on you.

Your wife is entitled to a fair and equitable division of all of your assets and debts. In Washington, the Court will consider your financial futures, length of marriage, separate and community characterization of property and other factors in dividing your assets.The Court will not care and you probably will not even be able to mention her "cheating" unless it caused waste of an asset or effects parenting.

The cheating has no bearing on whether she is entitled to your 401(k). in Oregon.

it is part of the marital estate and cause of the breakdown (fault) is only one of the factors a court will weigh

Your wife will be entitled to half of the marital assets. Marital infidelity does not change the marital property rules in Wisconsin.

First, some background on property division in a divorce. If the two of you can agree on how to divide the property, then, the two of you can divide it just about any way you want. However, if the two of you are unable to agree, then, it will be up to the court to divide the property and debts. 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, as to your specific case: Whether your spouse cheated or not makes no difference to the property division. The statute says that all of the debts and property are to be divided by the court in a fair and equitable manner, without regard to marital misconduct. So, whether your spouse gets any of your 401k is not dependent upon her fidelity, but upon the other factors listed above.

Fault is irrelevant to property division.

California has no-fault divorce. The fact that your wife cheated on you has no effect upon her right to her 50% share of net community property.

Nebraska is a no fault divorce state. She is entitled to half of your 401k that was obtained during the marriage.

Colorado is a no-fault state. Your wife's infidelity has no relevance to the fair distribution of the marital property. Whether or not she will receive a share of your 401k depends on the overall facts and circumstances, but her cheating is not one of the relevant facts.

Yes. Florida is a no fault state and wrongdoing of one spouse has little to no effect on the division of marital assets. The 401k is a marital asset, just like a house or savings account.

It depends upon the terms of the settlement. She may be entitled to a share of the 401(k). Talk with your domestic relations attorney about this issue..

Division of property in California is not based on fault but on if the resources are monies earned during the marriage. If money in the 401k are earnings from the marriage, then 50% if those monies belong to your spouse.

I depends on how long you have been married, if she has retirement funds and other factors.

Yes, she would likely be entitled to a share of it if it's classified as marital property under your state's law (which it likely would be).

Infidelity is the reason for the divorce. It is not relevant to equitable dissolution. That part of your 401k that accrued during the marriage is part of the equitable distribution of assets and debts.

Washington is a no fault State. Except for custody issues (e.g., she is cheating with a bad guy), cheating is irrelevant.

WI is a no fault state...cheating has no bearing on monetary

There are no "entitlements" in equitable division in Georgia. The judge will decide how to divide property according to whatever he or she thinks is fair, and the judge can take the behavior of the parties into account when making a property division. Whether infidelity in and of itself would have an impact on the Judge's decision is something you will need to discuss with a family law attorney given the specific facts of your case and the specific judges that might be involved in making the decision.

Most likely yes.

California is a no fault state. Therefore the courts will not consider cheating an issue in a divorce. Your wife will be entitled to her 1/2 community share of your 401K regardless of the reason for the divorce.

California is a No Fault state. Your wife's new boyfriend could be driving your car after all is said and done.

Absolutely she is entitled to half the marital portion regardless of the infidelity.

California is a "No-Fault State", meaning that it does not matter that your wife admittedly cheated on you with another person. If the 401K is community property then it should be included with all of the other assets and divided equally. Good luck.

Depends. The fact that she cheated only plays a very small role in the decision to divide assets and liabilities. Other factors such as how much you had in the 401' before the marriage, if any, are much more important. Talk to a divorce lawyer who can give you specifics based on your actual facts as a lot more information is needed to give a specific response to this question.

Possibly. Equitable division depends on many factors, fault being only one of many.