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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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is my wife of 2 year entitled to my 401k even if she commit

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is my wife of 2 year entitled to my 401k even if she commit adultery. She lived in Va and I live in KY due to work and she refused to move with me to KY. no child is involved. Now i find out she is having a relationship with someone else
Submitted: 6 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your question.

Regrettably adultery by itself does not negate someone's right to property. That means your wife may be entitled to a portion of your pension, however that portion is NOT half of your 401k--it is, at most, half of the proceeds you put in an earned in the two years that you were married. She is NOT entitled to any portion of the 401K you earned prior to marriage.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 5/1/2010 at 7:13 AM EST
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