QUESTION
How do I make sure that the 401k is split correctly?
Asked on Dec 01st, 2013 on Divorce - Idaho
More details to this question:
I have a seven year marriage that my wife has decided to end even with all my efforts to avoid. She makes more money than me, $97,000 versus $68,000, no kids, and her 401k is substantially more.
5 ANSWERS
There are lawyers who do nothing other than handle division of retirement and deferred compensation benefits. They are independent and don't represent either party. If you have an attorney make sure he/she hires an outside QDRO attorney to handle that work.
Answered on Dec 05th, 2013 at 11:46 PM
Bruce Provda
You need to discuss the formula for a QDRO with your attorney.
Answered on Dec 05th, 2013 at 11:45 PM
Family Law Attorney serving Peoria, AZ
at
The Law Firm of Jessica M. Cotter, P.L.L.C.
Update Your Profile
If you consult with and retain an experienced family law attorney then that attorney should protect your interests with respect to all assets, and any other issues in your dissolution matter. Retirement accounts such as 401(K)s are divided through what is called a Qualified Domestic Relations Order (QDRO). In the decree of dissolution the information necessary for the preparation of the QDRO is included, and then the separate QDRO is submitted to the judge to sign, and then sent to the 401(K) administrator.
Answered on Dec 05th, 2013 at 11:45 PM
Social Security Disability Attorney serving Melbourne, FL
at
Law Office of Robert E. McCall
Update Your Profile
Let your attorney handle.
Answered on Dec 05th, 2013 at 11:45 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
If her 401k has been accruing for 10 years, you get ? of 7/10's of it. She gets one half of yours as well.
Answered on Dec 03rd, 2013 at 5:32 PM