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What Happens To Your 401k And Retirement Funds In A Divorce

By Expert Author: hank losy

In most of the states in the United States, the retirement benefits of an individual are considered to be community property. This means that they should be divided between the husband and the wife in the event of a divorce. Some of the retirement benefits falling under this category are Employee Stock Option Plans, military pension, IRAs, ERISA funds, 401k, 403k plans, etc…. However, some retirement benefits like Worker’s compensation disability awards, compensation for military injuries, social security payment and railroad retirement benefits are not considered as community properties.

Irrespective of the longevity of married life, it is essential that the retirement benefits should be discussed between the man and woman and should be settled on a mutual basis. For instance, the marital settlement agreements, judgement and the petition should be provided either for the division of retirement benefits or the spouse’s waiver of such benefits. An individual can waive the retirement benefits only if his/her share is worth very little.

Generally, the retirement benefits can be divided between the two people involved under two different options. The first option is present-day valuation buy-out and second option is division into two accounts. Under the first type, the individual without the retirement benefits, will be taking the on-day value of his/her interest in the benefits and can deal it for something else of equal value irrespective of whether it is cash or any other asset. Generally, pension plans and stock options, where an individual will have to work for a specific number of years, might be worth more as compared to what is thought. So, it would be wise to hire a professional pension appraiser before making a decision in this respect. Here, the QDRO lawyer can also guide in making the right decision.

When the income earning spouse decides to divide the retirement account, he/she must make sure that they do not lose any tax benefits. Here, a QDRO lawyer will be needed for transferring a portion of retirement funds from the 401k divorce account of one spouse to the account of his/her spouse.

If you are the earner and do not want to lose the hard-earned money for the sake of your wife, who do not want to spend her life with you, a professional lawyer can help you out in saving your 401k divorce account from getting shared with your past spouse. Careful selection of a qualified attorney can be helpful.


If you are looking to get help of QDRO after your divorce, then Quickqdros.com will help you in all the way. we provide QDRO form and customers feel easy to fill it, by which we evaluate the entire process and helps in finding professional attorney for your case. You will get perfect guidance from our experts regarding QDRO attorney. For more details please click here our website.

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