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Nov 29
1999
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Ask a Lawyer: 401kPosted by: Dads Divorce on Nov 29, 1999   |
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Question:
I have been separated for 2 1/2 years. Married for 6 years. No money was afforded during marriage to contribute. Money was there from prior marriage. She left the marriage for another man. Is she entitled to 1/2 of my 401k? Thank you for your time.
Answer:
I cannot answer your questions specifically to the laws of Hawaii as I am not licensed in that State. It would appear that in most jurisdictions she would have a claim against your 401k that was acquired during the marriage. You seem to designate the "marriage" as a time period before your separated. Unless you are talking about a legal separation that was signed off by a judge you are still married and therefore assets acquired during the marriage are subject to a claim by your wife. If you were legally separated 2.5 years ago, she would not have a claim against the assets acquired after that time. In true community property States you may not even have an argument against dividing the assets. In non-community property states you may have an argument against her claim on the assets.
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