Answered on Dec 27th, 2012 at 2:58 PM
You will be entitled to make a claim to the portion of the 401k that is marital property. Marital property is basically anything that was acquired during the marriage. Whether you would get any share of the 401k will depend, in part, on the overall financial situation and there are no fixed, simple rules. There is no requirement that each separate item of marital property be divided so long as the overall distribution is "fair". Whatever you and your husband agree to is fair; but, if you cannot agree, a judge will make a decision based on the specific law of the state where you live.