Ex-husband and 401K Plan


He is entitled to 1/2 of what was contributed during the marriage, as you are entitled to 1/2 of his retirement that was contributed during the marriage. I believe this only includes up to date of separation.


Does this include the years that we were separately even though it wasn’t a legal separation? Do I have to prove that we haven’t lived together in the past six years?



Just because you didn’t go through a lawyer doesn’t mean it wasn’t a legal separation. It should be easy to prove you were living somewhere else by mailing addresses on bills and taxes filed, etc.


Thanks for your help.



I would like to know the laws on marriage and 401k plans. I was married to my husband in 1996, but we have been separated since 2000. We are not legally separated. He believes that he is legally entitled to half of the money in my 401k plan. I don’t know the laws on this matter. He thinks we should divorce and I should just go ahead and give him half and not go through legal channels. I’ve been advised by my sister to get a lawyer, but I wonder if it was even be worth the expense because he probably can get the money anyway. Any help will be appreciated. Thanks