Legal Question in Family Law in Virginia

what rights does a wife have to her husbands 401k after less than five years marriage pending divorce


Asked on 11/24/09, 5:16 pm

1 Answer from Attorneys

Cary Moseley Law Office of Cary Powell Moseley, PLLC

There is no "right" to someone's 401k. You can make a claim but you need to have the stomach and wallet for a good fight, and you won't likely get a lot of money for alimony or anything else given that the marriage was so short. The best course of action is to hire a good attorney to negotiate you a settlement without spending lots of time and money to end up with nothing. The key is to be reasonable and open-minded. Good luck.

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Answered on 11/29/09, 7:31 pm


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