Is my ex still entitled to a portion of my 401k if she mismanaged our finances?

Divorce attorney Jason BowmanQuestion:

I have recently discovered a lot of financial mismanagement and misconduct on the part of my wife that I was unaware of during our marriage.

Now that we are getting a divorce, will she still be entitled to a portion of my 401k even if she was the one mismanaging our finances?



First let me preface my answer by stating that I am not licensed to practice law in your state. Cordell & Cordell does have men’s divorce lawyers located nationwide who would be happy to discuss your case with you.

Every state is different in how the court will divide the assets and what evidence they will consider when do so. In some states, any contributions you made to your retirement during the marriage may be considered marital property and subject to the division of the court.

However, you need to consider that the court will look at the big picture when dividing assets and not necessarily focus on any one asset over the other.

You should speak to an attorney who is licensed in Illinois to get specific information as to how a court in your state will consider marital misconduct when dividing assets.


Jason Bowman is an attorney in the Louisville, Kentucky, office of Cordell & Cordell. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.

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