Divorce and 401k

What is the name of your state? Nebraska

My father is pursuing a divorce after nearly 45 yrs of marriage. He was recently terminated from his job and is attempting to "cash out" his 401k in a lump sum payment. He intends to purchase his deceased mother's home with the proceeds and move out. He is 63 yrs old.

According to his Nebraska lawyer, he has told my mother that he is entitled to 100% of the 401k proceeds, his workman's comp paycheck (previously injured his back at work and has a lawsuit under litigation) and/or settlement, his eventual social security check, and 1/2 of the proceeds from the (forced) sale of their home (with a mortgage) and community property.

Essentially, he'd like to leave my mother destitute. She is 59 yrs old and receives social security benefits. She suffered permanent back injuries from a work related incident and has other medical problems as well. She doesn't know where to begin to defend herself and suffers daily from his verbal assaults. She is suffering from depression and despair.

Can he do this? In Nebraska, what are her rights?

I believe his lawyer is blowing smoke. I don't know much about community property state laws (someone else please help out here) but I believe any state would consider as marriage of 45 years sufficient duration to qualify for spousal support and she will be entitled to some portion of his eventual social security having been married for over (I believe) 10 or 20 years. Good websites to check are [url]www.divorcehq.com[/url] or divorcenet.com. I believe all she has to do is go to your local SSA office with her (eventual) divorce decree in hand assuming your father is 62 at least I think. Call SSA to make sure of the age requirements for her and your father - it may be that she has to wait until she's 62 also.

Hugs to you and your mom. I know how it is to totally disabled too and divorced.