401k value

You are entitled to half the amount that was contributed during the marriage. If you can’t find documents from her employer you may be able to look at past tax returns and find out how much was contributed.

If you are in litigation you can send a subpoena to her employer and request information about her retirement benefits.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

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Chapel Hill, NC 27514
(919) 321.0780


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My wife had started a 401k account before we were married. She claims that she doesn’t have the statements from that time period. The company she worked for had changed hands several times, and eventually went under.

My questions:
Am I entitled to half of the entire account or just the part she earned while we were married?

Is there a way to track down the info we need to find out how much was in her account when we first married?

How can I find out if she has a pension with her current employer?