Will I be entitled to half of my husband’s 401k if he files a divorce?

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Will I be entitled to half of my husband’s 401k if he files a divorce?

Asked on October 26, 2012 under Family Law, Louisiana

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It really depends on the whole of the marital estate.  If this is the only asset, then yes, you would have a good chance of the court awarding you a protion of the 401k if the funds for the 401k were earned during the marriage.  However, the court is required to make a fair distribution of the martial estate.  If you have your own 401k or similar account which is also similar in value, the court can simply award each party their own accounts without subdividing them. 


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