QUESTION

Want a divorce no kids is my wife entitled to my 401k plan she also works and has her own 401k?

Asked on Apr 11th, 2011 on Family Law - Minnesota
More details to this question:
Want a divorce no kids is my wife entitled to my 401k plan she also works and has her own 401k?
Report Abuse

1 ANSWER

William/J Joanis
The fact that you each have a 401k is not as relevant as the amount of the increase in those two accounts during the time you were married.  While you two can agree on anything you want, if the court gets involved, it is likely to equalize the two 401ks to the extent of the appreciation during the marriage. This is accomplished by transferring some other money or promise of money or by having the Court enter a Qualified Domestic Relations Order (QDRO) in which one of you gets a right to part of the other party's 401k to equalize things.  You might want to talk to a lawyer about this.  I know that I have had clients where this was basically the only thing involved but there was a significant difference. 
Answered on Aug 14th, 2011 at 7:07 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters