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

My wife admitted to a judge that she cheated on me. In the case of a divorce is she entitled to any of my 401k?

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Law Office of Karen A. Clark, L.L.C.
Law Office of Karen A. Clark, L.L.C. | Karen A. Clark
Washington is a no-fault state. Issues of fidelity will have no bearing on the dissolution itself or on the distribution of marital property.
Answer Applies to: Washington
Replied: 8/24/2011
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
California is a no fault community property state. The fact your wife cheated should have no impact on property division. How much of the 401k she is entitled to will depend on a formula that factors length of marriage, duration of plan, etc.
Answer Applies to: California
Replied: 8/5/2011
Neville J. Bedford Attorney at Law
Neville J. Bedford Attorney at Law | Neville J. Bedford
Adultery has an impact on ones rights in equitable division of marital assets, of which retirement funds earned during a marriage usually included. Consult with a practicing family court attorney to get an estimate of the extent of the offset in your jurisdiction.
Answer Applies to: Rhode Island
Replied: 8/3/2011
Fredric H. Aaron, Attorney at Law, P.C.
Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
All assets acquired during a marriage are subject to equitable distribution with a few exceptions (gifts, property acquired by will or estate and returns on investments made prior to the marriage). If your 401K was funded during the marriage, then it will be included in the marital estate. One area that can affect the amount of distribution is the wasteful dissipation of marital assets. If you can show that her "cheating" involved substantial use of marital funds, you may have a chance to lower the amount she is entitled to. If not, then you may not have grounds to use this. You should consult with an experienced attorney on this matter.
Answer Applies to: New York
Replied: 8/2/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
It is up to the judge. The cause of the breakdown of the marriage is a factor to consider in the equitable division of the estate. Stay well.
Answer Applies to: Alabama
Replied: 8/2/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    While fault can play a role in the division of assets, it isn't the only factor. To base a denial of any entitlement based on the statement in your quesiton alone, would not be sufficient.
    Answer Applies to: Connecticut
    Replied: 8/1/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    California a no fault divorce state. The fact that your wife admitted to cheating on you has nothing to do with her financial interest in your 401k. She is not "punished" for cheating on you.
    Answer Applies to: California
    Replied: 8/1/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    Her infidelity does not affect the division of assets. Generally speaking, she is entitled to half of the 401k accumulated during the marriage, desipte admitting to cheating.
    Answer Applies to: Arizona
    Replied: 8/1/2011
    Rice & Co., LPA
    Rice & Co., LPA | Kollin Rice
    Admission of adultery by one spouse does not usually make a significant difference as to how the court will divide property.
    Answer Applies to: Ohio
    Replied: 8/1/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law it does not make a difference in the property division if a spouse has had an affair. As a general rule the portion of the 401k acquired during the marriage will be included in the community property being divided in the divorce.
    Answer Applies to: Washington
    Replied: 8/1/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    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.
    Answer Applies to: Minnesota
    Replied: 8/1/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend that you discuss with your own divorce attorney the potential impact of adultery on alimony and property division in Georgia. Good luck.
    Answer Applies to: Georgia
    Replied: 8/1/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    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.
    Answer Applies to: Wisconsin
    Replied: 8/1/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    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.
    Answer Applies to: Washington
    Replied: 8/1/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    The cheating has no bearing on whether she is entitled to your 401(k). in Oregon.
    Answer Applies to: Oregon
    Replied: 8/1/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    it is part of the marital estate and cause of the breakdown (fault) is only one of the factors a court will weigh
    Answer Applies to: Connecticut
    Replied: 8/1/2011
    Elmbrook Law Offices
    Elmbrook Law Offices | Gregory Straub
    Your wife will be entitled to half of the marital assets. Marital infidelity does not change the marital property rules in Wisconsin.
    Answer Applies to: Wisconsin
    Replied: 8/1/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    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.
    Answer Applies to: Washington
    Replied: 8/1/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    Fault is irrelevant to property division.
    Answer Applies to: Nevada
    Replied: 8/1/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    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.
    Answer Applies to: California
    Replied: 8/1/2011
    Lewis, Pfanstiel & Williams, PCLO
    Lewis, Pfanstiel & Williams, PCLO | Ryan J. Lewis
    Nebraska is a no fault divorce state. She is entitled to half of your 401k that was obtained during the marriage.
    Answer Applies to: Nebraska
    Replied: 7/31/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    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.
    Answer Applies to: Colorado
    Replied: 7/31/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    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.
    Answer Applies to: Florida
    Replied: 7/31/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    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.
    Answer Applies to: Georgia
    Replied: 7/31/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    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.
    Answer Applies to: California
    Replied: 7/31/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    California is a No Fault state. Your wife's new boyfriend could be driving your car after all is said and done.
    Answer Applies to: California
    Replied: 7/31/2011
    Bagwell Holt Smith Jones & Crowson, P.A.
    Bagwell Holt Smith Jones & Crowson, P.A. | John G. Miskey IV
    Most likely yes.
    Answer Applies to: North Carolina
    Replied: 7/31/2011
    Law Office of Daniel B. Rubanowitz, APC
    Law Office of Daniel B. Rubanowitz, APC | Daniel B. Rubanowitz
    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.
    Answer Applies to: California
    Replied: 7/31/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Absolutely she is entitled to half the marital portion regardless of the infidelity.
    Answer Applies to: Florida
    Replied: 7/31/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Possibly. Equitable division depends on many factors, fault being only one of many.
    Answer Applies to: Georgia
    Replied: 7/31/2011
    Durgin Law, LLC
    Durgin Law, LLC | Pearl Hsieh
    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.
    Answer Applies to: Kansas
    Replied: 7/31/2011
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