Question:
My husband and I are separated but not divorced. He wasted his 401k by trying to start a business that failed. He is now saying that he wants half of my mine, is he entitled to half of my 401k?
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Answer:
A court will divide all assets that accrued from the date of marriage through the date of execution of a Separation Agreement or the filing of an Action for Divorce. So, the short answer is that “yes” he does have a right to a portion of your 401-k. I am assuming that you are not separated pursuant to a Separation Agreement, because that Agreement would have addressed the 401-k. You can ask a Court to award him less than half of your 401-k based on his dissipation of family assets and the bankruptcy filing. Whether the Court would agree will depend upon all of the facts. You should consult with a local attorney to discuss all of these issues in detail.
Do you have questions about your spouse being entitled to you 401k? If so, contact the experienced Saratoga Divorce Lawyers for advice.
This legal question was provided by Avvo and answered by Jean Mahserjian, an experienced Saratoga Divorce Lawyer. This does not consent an attorney client relationship.
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