Can i get half of my spouses 401k in the divorce?

The court does have the authority to divide a 401(k) at the time of divorce. The court will look at a number of factors, such as when the 401(k) was earned, whether the other spouse has retirement assets of their own, and what other marital assets need to be divided. The court can divide the 401(k) based on a present value at the time of divorce and order that a certain percentage or dollar amount be transferred to the other spouse.

Your husband's 401(k) is marital property. The court has the authority to order a division of that account, transferring a portion to you. There are a number of statutory factors that the court must look at in determining how to divide the account. It would not be unusual for the account to be divided on a 50-50% basis. However, that is a topic for further discussion with your lawyer.

As a general rule, the Court tends to divide retirement assets equally, but only for the period the parties are married. However, Maryland is an equitable distribution state that allows a judge to make adjustments. There are numerous factors that will be taken into account in the making of a final award. Check with a lawyer in your community who can look at all the facts in your case.