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Relationship Discussion (non-explicit)
Reply to "Do I really get nothing?"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]You should hope he doesn’t get half of your 401k[/quote] Isn’t he entitled to 1/2 her 401k, since he has nothing saved? [/quote] He would not be entitled to half of her entire 401(k), but half of the growth of the principal and interest in the 401(k) since the marriage started. Yes.[/quote] I think in an equitable division state the court could take into account her ex’s refusal to work now and his prior decision not to fund his 401k. I don’t think half the 401k would be automatic. This is likely why the lawyers are advising her to just propose to walk away with what they each have. Perhaps there is some way to argue that she deserves more but the amount would be small and obviously mostly eaten up by attorneys fees. [/quote]
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