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Divorce and 401K, Retirement, etc.

I was married for 23 years and have now been separated for 2 yrs. My husband abused me emotionally, mentally and verbally. He was controlling and expected sex as payment for everything he did for me. I have been working at the same company now for 26 years and have a decent retirement plan plus a 401K. I have met another man and I have been with him for a year or more. My "husband" is trying to be very diffult. I sold the house to my son, so there is nothing left for his car and mine. My car is not paid for. His is. I have credit card debit. He doesn't. Does anybody know what normally happens in cases of retirmenet/401K's in divorce situations?

Answer Question

Asked by Anonymous at 10:01 PM on May. 3, 2009 in Relationships

Answers (5)
  • It usually depends on your state. I will tell you that you should have consulted an attorney BEFORE you separated not after. You need to talk to a lawyer asap to see what your options are and be honest or they can't help you.


    Answer by legalmommy101 at 10:03 PM on May. 3, 2009

  • It depends on the state you are from.
    Some states it is 50/50.
    He will get some of it though..401k, Pensions the are looked at as retirement that is
    for both the husband and wife.
    they look at is as if you were to stay together in a sense, that 401K would
    have been for both of you.
    I would seek legal advice in the state you reside.

    Answer by Dannee at 10:04 PM on May. 3, 2009

  • my mom had it put in the divorce papers that he could get 1/2 of her small retirement fund and she got 1/2 of his huge one, since they had originally done it that way planning to be together
    he is retired now, she gets a check everymonth from his retirement fund jsut as he does and when he dies she will get a lump sum
    talk to your lawyer about it

    Answer by mommymeg03 at 10:26 PM on May. 3, 2009

  • talk to your lawyer

    Answer by roni2911 at 10:35 PM on May. 3, 2009

  • Usually you have to split what you earned during your marriage 50 50. And if you make more than him, you might be liable for spousal support.

    Answer by kathyartist2007 at 2:36 AM on May. 4, 2009

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