Legal Question in Family Law in Nevada
Wifes rights to a 401k
I've recieved shut off notices for all my utilities and my rent is past due for the second month. My husband is waiting for a check from his 401k and intends to take that money to move out leaving me high and dry as our three children. Do I have any rights to a part of that money. His check should be arriving in the next few weeks and he won't consider paying any part of the past due bills. Thanking you in advance,--name removed--
1 Answer from Attorneys
Re: Wifes rights to a 401k
In Nevada, if a 401K if earned while you and your husband are married it is considered community property. If you have primary physical custody of the children, your husband will be required to pay child support. If you have not worked throughout the marriage and have stayed home to raise the children, the court could also award you spousal support depending on your husband's income.
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