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#664567 - 09/16/10 05:02 PM 401k after 15 years divorce
cailaj Offline

recently joined

Registered: 09/16/10
Posts: 2
After 15 years of divorce w/ my ex-husband (married for 5 years), he mentioned to my daughter that he's entitled to get half of my 401k. My question is...is he? This was not stated on our divorce decree. The bottom part of my divorce decree states, all issues not mentioned are considered abandoned. Is there a statute of limitations? I've no clue.. HELP!

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#664568 - 09/16/10 09:56 PM Re: 401k after 15 years divorce [Re: cailaj]
DedicatedDad Offline
veteran

Registered: 09/05/04
Posts: 1318
Was the 401K revealed, and stated it could not be touched? If not, he could go back after a portion. It depends on the state.

However, he would only be entitled to 1/2 the amount that accrued during the 5 years of marriage. As an example, if you have been paying in for 25 years, he would be entitled to 5/25 X 1/2, or 10%.

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#664569 - 09/16/10 11:18 PM Re: 401k after 15 years divorce [Re: DedicatedDad]
cailaj Offline

recently joined

Registered: 09/16/10
Posts: 2
No, it was not specified on the court document. Also, we're from New Jersey.

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