Is my husbands ex wife entitled to his social security and current 401k?

Question:

Is my husbands ex wife entitled to his social security and current 401k?

While my husband was married to his ex wife, he never had a 401k plan. She was the bread maker of the house hold. She earns 50% of what he earns through employment. She is 54 and he is 42. Now that it has been two years since they were separated and a year in a half since they were divorced. He now has a 401k, is she entitled to it? In the divorce settlement she requested for him to not be entitled to her 401k. In which he agreed. What about social security? Will she be entitled to that as well? What if I’m (his current wife) the beneficiary? Will she still be entitled to it?

Answer:

The ex is not entitled to any of your husband’s 401k. By federal law she cannot get any of his social security.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix divorce lawyer Patrick Sampair’s answers on Avvo and be sure to check out his divorce page, or if you have a question for Mr. Sampair ask him directly at Sampair Group.