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

UPDATED: Dec 17, 2011

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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


Russ Pietryga / Pietryga Law Office

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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