Ursa, IL asked in Divorce for Illinois

Q: How long do you have to be together before you are legally entitled to half of your spouses 401 k

my son has been married 19 years been together bout 27 years his with all of a sudden wants a divorce pushing hard to get done quick pretty sure she's got a boyfriend. Is my son entitled to any portion of her 401 k so bills can be paid would appreciate any help so we can proceed with this. Thank you

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1 Lawyer Answer
Cheryl Powell
Cheryl Powell
Answered
  • Mt Vernon, IL
  • Licensed in Illinois

A: Yes, your son is entitled to an equitable share of the marital share which for most people ends up being around 50%.

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