Legal Question in Family Law in Maryland

Re: Division of retirement benefits.

It is true that you are entitled to one half of the 401K, to the extent that it was acquired during your marriage. Since you've been married for 26 years, it has to have been acquired entirely during the marriage. It is also true that your husband is entitled to one half of your retirement fund (one half of the part acquired during your marriage). It doesn't matter that you didn't pay anything into it, it was part of your compensation for your work. It is impossible to know, today, what that retirement fund will be worth at the time when you retire, and so there is a formula called an "if, as and when" formula for establishing your husband's share. IF you live long enough to collect monthly payments, AS (or to the extent that) you receive payments, and WHEN you receive payments, he will receive one half of those payments. If you were continuing to work for the employer who paid into the fund, your husband's share would be one half of the portion earned during your marriage. The entitlement to a share would have to be established through a "Qualified Domestic Relations Order," which is a nightmare to explain, much less to properly draft. You will unquestionably need a lawyer to represent you regarding the division of retirement funds.