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65 yr old female retired, on medicare plan A/ sub Atena,

Customer Question
65 yr old female...

65 yr old female retired, on medicare plan A/B sub Atena

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Nevada, husband still works, 401k med, etc. I m on soc sec. what rights do I have

Lawyer's Assistant: Was this discussed with a manager, HR, or an attorney?

No

Lawyer's Assistant: Has anything been filed or reported?

Was told this morning he wanted a divorce this am

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Can he put me out of apt. can he give some of the 401k to me etc HELP

Submitted: 11 months ago.Category: Legal
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7/31/2017
Lawyer: Phillips Esq., Attorney-at-Law replied 11 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 22,364
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Lawyer: Phillips Esq., Attorney-at-Law replied 11 months ago

I am so sorry to read about your difficulties.

Your Questions:

can he put me out of apt.

Response 1: No, he cannot do that without a Court Order. The apartment is marital home. Your spouse cannot kick you out of it.

can he give some of the 401k to me etc HELP

Response 2: Your husband has legal obligation to support you. However, until the divorce case is filed, he cannot be forced to take money out of his 401k to support you. In any event, if he accumulated the 401k funds during the marriage, you are entitled to 50% of it in your divorce. Nevada is a community State. All marital assets are subject to 50/50 division if the parties do not come to agreement.

Best wishes,

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