401k question

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401k question

Unread postby learnedhardway » Tue Apr 18, 2017 7:23 am

Hey guys,
married almost 3 years. contributed to 401K during that time. Same 401K I have had for decades...
when they split this up during divorce, she only gets half of the amount contributed during the marriage - correct?
one person said the entire 401k would get split since co-mingled. that makes no sense to me. it is clear what amount was contributed during marriage.
talk me off the ledge please...
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Re: 401k question

Unread postby JimRockford » Tue Apr 18, 2017 7:46 am

I believe that this varies by state. In CA for example, she would be entitled to half of what was contributed during the marriage as well as returns on that portion.
Deciding to go forward with a divorce is kind of like joining a brotherhood. However, it is a brotherhood that you really don't want to join.
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Re: 401k question

Unread postby learnedhardway » Tue Apr 18, 2017 7:51 am

sorry, should have mentioned I'm in Ohio.
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Re: 401k question

Unread postby Lenny1970 » Tue Apr 18, 2017 8:18 am

Ask your lawyer... this article is saying you may be able to keep all of it... http://info.legalzoom.com/individual-ba ... 24607.html
Separated but living together since Mar '16
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Re: 401k question

Unread postby learnedhardway » Tue Apr 18, 2017 9:47 am

not sure where that article says I might keep it all...
but I did email an attorney and he said only what was accumulated during the marriage.
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Re: 401k question

Unread postby Lenny1970 » Tue Apr 18, 2017 11:54 am

Actually... that's what article says... "property acquired by either spouse during the marriage is considered marital property. Typically, separate property is property a spouse had before the marriage"
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Re: 401k question

Unread postby Tom Kirkpatrick » Tue Apr 18, 2017 12:55 pm

learnedhardway wrote:.....she only gets half of the amount contributed during the marriage - correct?
Unless you settle differently, she gets 50% of your contribution (plus accrued interest). In some jurisdictions, she'll get nothing from your employer's matching contribution.

Tom
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Re: 401k question

Unread postby ZUMBO » Tue Apr 18, 2017 1:00 pm

I keep all of mine, just moved some B.S. to her side of the spread sheet that I didn't care about in exchange.

Got to keep all my stock as well......
Your very existence upsets her. Like most NJs she basically wants her life exactly as it is, minus you, plus your money. -novadad
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Re: 401k question

Unread postby learnedhardway » Tue Apr 18, 2017 3:19 pm

It would be nice to not give any of the company match. but i'm guessing that is not going to be the case.

Also, I have no other things to trade to keep more of the 401K as that is the main asset. I have a little bit in the house equity from 3 years but not much. Her car has more equity in it, but not a ton more.
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Re: 401k question

Unread postby Data » Wed Jun 14, 2017 7:15 am

Referring to STBX's claim for 50% of employers contribution, does anyone know the rule for that law in the State of Georgia? That would reduce what she is entitled a good bit. Previous employers contributions to a 401k that was subsequently moved to an IRA would be much more difficult to find out.
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