Does 401k count as spousal support compensation in a Divorce Case?

Laws regarding property division in divorce cases vary by state.  However, in most states, you can file for spousal support.  Nonetheless, it is considerably more difficult to get spousal support now than it was in the past.  There are very stringent requirements to qualify for long term spousal support.  It is considerably easier to qualify for spousal support through the pendency of the divorce.

The 401k issue is actually a separate issue from spousal support.  As part of the property division, the judge may award you part of your husband’s 401k if he finds that it is an equitable separation of the marital assets.  However, the amount in your husband’s 401k is usually not a consideration in the spousal support issue, nor is it typically awarded in cases where the funds would have to come from a retirement account.  If an individual does not have the funds to pay spousal support without tapping into retirement, it will not usually be granted.