Legal Question in Family Law in Ohio

no fault divorce after 5 years and 401k

my son and wife is getting no fault divorce but stuck on agreeing about his 401k. he is only 24 and she is 33.only about 4000 in 401k .she wants all or half. Is she entitled to it ,only being married for 5 years. Other people says they have to be married 10 years first. i have no idea


Asked on 11/24/03, 5:57 pm

1 Answer from Attorneys

Frank Rozanc Frank J. Rozanc, Esq.

Re: no fault divorce after 5 years and 401k

Assuming he is currently vested in the plan, she would be legally entitled to 50% of the value accumulated during the marriage, to be paid to her at her retirement.

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Answered on 11/25/03, 10:37 pm


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