Legal Question in Family Law in Maryland

Divorce

Is my husband still entitled to half my 401K even if he abused me and my daughter. He never worked consistantly so he has practically nothing in his plan....Could you give me a case law that I could refer to?


Asked on 10/27/07, 11:07 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Divorce

Your husband has a marital interest in your retirement assets, but that doesn't necessarily mean he will automatically get half as part of a divorce. In MD, the judge has a lot of discretion in deciding how to divide up marital assets. He/she will look at the respective assets of the parties and their relative ability to support themselves after divorce. Whose behavior led to the breakup of the marriage can also be considered.

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Answered on 10/29/07, 10:09 am


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