Yulee, FL asked in Estate Planning for Florida

Q: CAN I GET HALF OF HIS 401K HE HAD 11,000 WHEN WE MARRIED NOW 169,000.00

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2 Lawyer Answers
Robert Jason De Groot
Robert Jason De Groot
Answered
  • Deltona, FL
  • Licensed in Florida

A: Your circumstances need to be reviewed by an attorney. Generally, you may be entitled to one half of what was contributed during the marriage. A rough guestimate is one-half of $158,000, about $79,000. It will be worth it to hire a family attorney in your area to pursue this.

David M. Goldman
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Answered
  • Estate Planning Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: I am assuming that he passed away because you posted this in Estate Planning. If he has passed away you would be entitle to all of the 401K unless you signed a prenuptial agreement or signed a beneficiary change designation.

If you are getting a divorce, you are generally entitle dot have of the increase during the marriage but should talk with a Family law attorney about this.

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