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-Could you explain your situation a little more?What do you mean by file your 401K ?
Your 401K amount should have been determined as part of the discovery process in your divorce proceeding. In most cases the court requires a financial affidavit from both parties identifying all the financial assets including the 401Ks your husband has.
I don't know what state you are but in, but typically you could expect 50% of the value of your husband's 401K accumulated during the 28 years you were married. This may be a bargaining point for trading off other assets you want, or getting the spousal support you want. Your attorney or you husband's attorney will need to get a Qualified Domestic Relations Order signed by the judge to submit to your husband's employer. This is done when the divorce is final. You should expect this to be within weeks of your divorce being complete.
You should ask your attorney if he received the valuation of your husband's retirement account. You also make your attorney understands a 401K exists and you are expecting a portion of it. From the valuation you get an idea of what your entitlement could be.
This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.
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