How do I get the 401K in divorce? - Child Custody Law Questions and Answers- LawQA.com

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How do I get the 401K in divorce?

How do I get the 401K in divorce?

Beresford Booth PLLC
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In Washington State, assets and debts are divided fairly and equitably. A 401k can be transferred with a Qualified Domestic Relations Order (QDRO).

Answer Applies to: Washington
Replied: 6/8/2011

Howard W. Collins, Attorney at Law
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In Oregon, If the 401k is not in your name, then it will have to awarded to you in the Judgment of Dissolution.

Answer Applies to: Oregon
Replied: 6/7/2011

Answer By Jack Berner
Berner Law Group, PLLC
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Hire an experienced attorney! If you're a Western Washington resident, feel free to contact my office for a free, no obligation consultation regarding your situation.

Answer Applies to: Washington
Replied: 6/7/2011

Answer By Shawn P. Hooks
Deal & Hooks, LLC
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Typically, retirement that both parties accrued during the marriage should be split at the end of the divorce. That split is typically an even split unless it has been altered by agreement or if the court rules that an uneven split is more fair. Once there is an order that the retirement or 401K should be split the parties must effectuate the split either by cashing it in or doing a QDRO.

Answer Applies to: Ohio
Replied: 6/7/2011

Answer By Karen A. Clark
Law Office of Karen A. Clark, L.L.C.
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You left out some pivotal facts in your query. Is it your retirement account or your spouse's/partners? Are you married or in a domestic partnership? What is the length of the relationship? How long have you or your spouse/partner had the 401k? Are you in a community property state? The best way to determine your financial obligations and rights when preparing to end a marriage or domestic partnership is to meet with a Financial Divorce and Home Lending Specialist.

Answer Applies to: Washington
Replied: 6/7/2011

Michael Anthony Wing, P.C.
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By agreement or if you have been married for ten years or more it is in play. Stay well.

Answer Applies to: Alabama
Replied: 6/6/2011

Answer By Patrick Curry
Law Office of Curry & Westgate
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If you live in the west, you are entitled to one half of the community property interest and all of your separate property interest in the 401k.

Answer Applies to: California
Replied: 6/6/2011

Law Office of Daniel B. Rubanowitz, APC
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Generally, if the funds in a 401K are deposited into the 401K during marriage, they are community property and each party is entitled to half. You can obtain these funds pursuant to a settlement or upon entry of judgment. If you want 100% of the 401K, you would likely have to equalize the division of assets by off-setting that amount with other assets, whether it be other financial accounts or real/personal property. You should consult with an attorney to protect your rights. Good luck.

Answer Applies to: California
Replied: 6/6/2011

Answer By Joanna Mitchell
Joanna Mitchell & Associates, P.A.
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In a divorce, a 401(k) is a marital asset that is subject to equitable distribution. Equitable distribution essentially means "fair distribution", which usually means 50/50. The actual portion of a 401(k) awarded to someone who is not the employee is done through a Qualified Domestic Relations Order (QDRO) being entered in order to transfer the funds.

Answer Applies to: Florida
Replied: 6/6/2011

Warner Center Law Offices of Donald F. Conviser
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Whether it was your 401K or your spouse's 401K, you don't, and he doesn't get it all, unless there are other community assets to counterbalance an award of the community interest in the 401K to one party. Typically, the community interest in a 401K is divided 50/50, via a Qualified Domestic Relations Order pursuant to language in the divorce Judgment requiring division of that community interest. If the 401K was all earned during the marriage, and the contributing party is no longer working for the company, the 401K would be divided 50/50. If the contributing party was contributing to the 401K before the marriage and/or remains contributing to the 401K after separation, the premarital and post-separation contributions are separate property of the contributing party, so the community portion of the 401K would be only that portion that was earned during the marriage before separation, plus or minus the plan's investment gains and/or losses.

Answer Applies to: California
Replied: 6/5/2011

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