My husband and I recently divorced. He was fired from his job today and wanting me to sign papers for him to get his 401K. Am I entitled to a portion of his money due to we were married the whole time of his employment? If so what percentage?
1 Answer from Attorneys
Unless you had a prenuptial agreement of separate property, any contributions to, or earnings from (eg. interest) any pension fund, including a 401K, is community property for Louisiana residents. What you need is a Qualified Domestic Relations Order (QDRO). Contact your divorce lawyer who should know how to handle this. If you were unrepresented for the divorce, you probably need a lawyer now.