Legal Question in Family Law in West Virginia
50% of 401k agreement 2B to wife (Help Please)
Hello, i'm in the mist of a divoice, almost ex-hubbie agreed to give half of his 401k plan. The plan had over 25thousand in it when left.He has taken loans out on the plan(13,000)after i left. I'm I entitled to the amount b4 loan amount or after loan amount.Please help!!!
1 Answer from Attorneys
Re: 50% of 401k agreement 2B to wife (Help Please)
In the absence of a PSA(property settlement agreement)containing a provision dealing with the 401K), your entitlement, if any, to the 401K funds would most probably date from the filing of the Bill of Complaint(for divorce).
Therefore, your share of these funds(if the court determined them to be marital property) would depend on the amount in the 401k fund as of the date of the filing.
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