Legal Question in Family Law in Kansas
401k and divorce
Husband has 401K plan and we are getting a divorce. We have 3 children. How much should I ask for from his 401K plan in the divorce? He is also keeping the house.
Asked on 7/18/08, 2:44 pm
1 Answer from Attorneys
Rian Ankerholz
Ankerholz and Smith
Re: 401k and divorce
Kansas is an equitable property state, which means the judge can divide and award property any way necessary to achieve fairness. The entirety of your assets and liabilities should be considered in order to determine how much of the 401k you should receive. If he is keeping the house, it is possible that more than 50% of the 401k should be set aside to you in order to balance the division. Consult an experienced divorce lawyer. We are here to help. The initial consultation is free.
Answered on 7/18/08, 4:04 pm
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