Do i hv the right for part of his 401K?

iVillage Member
Registered: 01-14-2004
Do i hv the right for part of his 401K?
3
Wed, 07-13-2005 - 2:10pm
Hi, everyone, i posted before, but apparently my post was so long ...so no one replied... I will try to describe it in a nutshell.
Although we have been married for 6 months only we lived together for 2.5 years. In order to live with him I left my great job in my country, came here to the US to be with him and develop our relationships since before that it was 2.5 years of long distance which was killing me slowly...
I could simply marry him, but i did not bcs. I wanted my marriage for real not just to get a green light to enter US. I came as a student and enrolled into grad program.
And let me know he is not american.
I could not work in the US full time. Only recently 1 month ago after graduation I receieved my work permit for 1 year.
Anyway, right now he wants divorce. I feel a lot of resentment.
My heart is broken, my career has a gap of two years, i was trying to be a good housewife while going to school FT and doing PT on campus.
He has kept his job for 5 years, has 50 K in 401 K bcs he was diligently putting money (almost 40% of his net salary every month) while always complaining that we do not have money. Bcs, he was stashing so much into his 401 K our ends did not meet so we developed some debt as well ...
Right now his new job pays twice more than old, he has savings, IRA, ROTH... I do not have anything and although I have a good temp job for 1 month I am still looking for a permanent. After 1 year there is a possibility that I go home.
I feel a lot of anger bcs I am left with nothing while after my sacrifice he conviniently kept his job, invested money, has savings, had a great companion, cleaner, cook, (he never appriciated). Do I have a right to ask for part of his 401 K?
iVillage Member
Registered: 07-14-2003
Wed, 07-13-2005 - 3:22pm
You would need to ask a lawyer but considering you were married for such a short time, I do not think you are entitled to the 401k.
iVillage Member
Registered: 03-06-2005
Wed, 07-13-2005 - 3:31pm

Hello,


Here is your old post and my response.


Good luck with everything!


http://messageboards.ivillage.com/n/mb/message.asp?webtag=iv-rlsmartdivor&msg=15604.2&ctx=128


iVillage Member
Registered: 04-04-2003
Thu, 07-14-2005 - 5:38am
I had a friend who did get a portion of her ex's 401k. It was less than half but it was better than nothing! This was in CA by the way.