Legal Question in Family Law in Maryland

401k

My husbank and i are divorcing i have roughly $33000.00 in 401k investments, my husband has roughly $100,000.00 in 401k investments. My question is legally am i intitled to any portion of his 401k investments? He tells me that he keeps his and i keep mine, but that doesn't seem fair to me. We were married 17 1/2 years and have one son,age 13.

Thank you.

Debbie


Asked on 8/26/05, 9:46 am

3 Answers from Attorneys
Robert Sher Wagshal and Sher

Re: 401k

401(k)s are marital property to the extent that they were funded during the marriage. This means that they belong to both of you and are subject to a property division as part of a divorce. Assuming all of your husband's account was accrued during the marriage, which is likely given the length of the marriage, you have a right to your share of all of it. Of course the same is true of your account.

Your husband is trying to take advantage of the fact that you don't have an attorney. You would be wise to retain an experienced family law attorney who can negotiate or obtain all you're entitled to in a property settlement.

Robert Sher

301 986-4555

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Answered on 8/26/05, 9:55 am
Joseph Laumann Law Office of Joseph Laumann, PA

Re: 401k

If there is a marital assett, each party is entitled to one half of the marital portion of the assett. Therefore, in direct response to your question, if the assett is all marital, each 401K should be split 50/50.

I would be happy to discuss this matter with you further. If interested please contact my office for a consultation.

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Answered on 8/26/05, 9:56 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: 401k

By the facts you present it does not appear to be equitable. Contact an attorney for a review of all factors and for representation.

I am available at (410) 750-2567.

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Answered on 8/27/05, 10:13 pm


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