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It all depends on which state you have resided in for the past 90 days. If the state is a community property state, the all funds which were contributed from the date of marriage to the date of divorce are subject to division.

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Q: What entitles spouse to 401 k in divorce?
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If a man and a woman have been married 30 years and they divorce is the wife entitled to any of his 401 K?

In most cases, the spouse may be entitled to a portion of the other spouse's 401(k) if acquired during the marriage. This would depend on the laws of the jurisdiction where the divorce is taking place and the specific circumstances of the case. It is advisable for the wife to consult with an attorney experienced in family law for guidance on how this would apply in her situation.


If your wedded spouse dies without a will is the surviving spouse entitled to his 401k?

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