He can max out his 401(k) AND ( not or) an IRA, AND she can max her own IRA, also known as a spousal IRA, for a total of $12,000 in combined IRA contributions.

Also, she would not be automatically entitled to half of his 401k earnings in a divorce. I’ve noticed you are giving advice that is incorrect, more than once. Please consider deleting or editing your comments, they could negatively impact others, and perpetuate poor understanding of personal finance.