Huntsville, AL asked in Divorce for Alabama

Q: I was married for 7years, and supported her for 10years, college, masters, etc. am I allowed half her 401k?

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1 Lawyer Answer
William E. Scully Jr.
William E. Scully Jr.
Answered
  • Daphne, AL
  • Licensed in Alabama

A: Probably not. Alabama Code Section 30-2-51(b) allows a judge to award up to 50% of 'vested' retirement benefits to the other spouse, but only if the parties have been married 10 years during which the retirement benefits have been accumulated. There might be special things about your situation that would make it different, so you should absolutely and without doubt consult with an attorney about this. In fact, you should absolutely, without doubt, be represented by counsel when you go through a divorce.

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