CanI collect a portion of my husbands 401k if we have been divorced for 30 years?

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CanI collect a portion of my husbands 401k if we have been divorced for 30 years?

I didn’t try to collect a portion of his 401k that he collected before the divorce.

Asked on December 17, 2011 under Family Law, Louisiana

Answers:

Russ Pietryga / Pietryga Law Office

Answered 10 years ago | Contributor

If a provision in the original divorce decree does not order a portion of the 401k to you then no.

However, divorce decrees can be modified if the petitioner can show a material change of circumstance.  That said your interest would be what the 401k was worth from the time you were married until your divorce.

Lastly, the biggest problem is, that usually, a divorce decree contemplated the worth of the 401k at the time of your divorce and you either waved your interest or recieved something instead of your interest in his 401k.

Hope this helps.


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