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Message
Question About Divorce And 401ks
Posted on 12/9/19 at 2:09 pm
Posted on 12/9/19 at 2:09 pm
Someone I know (id say friend but everyone knows I don't have any) wife up and decided she wanted to leave him. She left for a few months, went back for a few weeks, then left again and then decided she wanted a divorce.
Evidently she wants half of his 401k (which is half of hers I assume because that is how marriage works). But if she has a 401k, do they combine the two 401ks and divide them? In other words, she can't just go after his and be able to keep all of hers right?
Evidently she wants half of his 401k (which is half of hers I assume because that is how marriage works). But if she has a 401k, do they combine the two 401ks and divide them? In other words, she can't just go after his and be able to keep all of hers right?
26
Posted on 12/9/19 at 2:10 pm to OweO
quote:
(id say friend but everyone knows I don't have any)
I agree with this.
Posted on 12/9/19 at 2:10 pm to OweO
Answer is 350k
Posted on 12/9/19 at 2:11 pm to pioneerbasketball
quote:
Answer is 350k
Thought so. Thanks for confirming.
Posted on 12/9/19 at 2:13 pm to Splackavellie
quote:
I agree with this.
I don't ever reply to that guy but each spouse is entitled(hate that word,) to half of the portion of each other's 401k that was earned during the financial period of the marriage, it is negotiable
Posted on 12/9/19 at 2:13 pm to OweO
quote:
if she has a 401k
If she has to work I can see why they're getting divorced.
Posted on 12/9/19 at 2:13 pm to OweO
They were only married a few months? Sounds like this person is going to need a good lawyer if she is going to go after him hard. I suggest getting one.
This post was edited on 12/9/19 at 2:15 pm
Posted on 12/9/19 at 2:14 pm to 777Tiger
Correct.
He has 100k in his
She has 50k in hers
She ends up with 25k basically.
He has 100k in his
She has 50k in hers
She ends up with 25k basically.
Posted on 12/9/19 at 2:14 pm to OweO
This is why real OT ballers stuff their extra cash under their mattress instead of putting it in 401ks
Posted on 12/9/19 at 2:14 pm to 777Tiger
quote:
I don't ever reply to that guy but each spouse is entitled(hate that word,) to half of the portion of each other's 401k that was earned during the financial period of the marriage, it is negotiable
I am glad you act like a 5th grader and can't just give me a direct answer... Man to man.. But even though you answered it in a bitch like way, thank you.
Posted on 12/9/19 at 2:15 pm to OweO
quote:
Man to man
That would first require you to be a man.
And since a man honors his bets, we all know that isn’t the case
Posted on 12/9/19 at 2:16 pm to OweO
quote:
But if she has a 401k
She doesn't have a 401K.
Posted on 12/9/19 at 2:16 pm to Dam Guide
quote:
They were only married a few months?
No. For 14 years. She has a lawyer, he is getting one.
Posted on 12/9/19 at 2:17 pm to OweO
You fricked Homie!
Posted on 12/9/19 at 2:17 pm to OweO
She finally had enough and left your arse huh?
Posted on 12/9/19 at 2:17 pm to OweO
Ultimately it depends on the division of assets and what the couples agrees on. Just because you are in a community property state does not automatically split everything in half.
Posted on 12/9/19 at 2:17 pm to fr33manator
You really take message boarding serious.
Posted on 12/9/19 at 2:19 pm to OweO
Co-worker of mine went through this. She didn't have a 401K and got half of his which was all saved while married. What I understand is if he had any saved prior to the marriage that portion is not part of the split but that wasn't in his case. It was all saved during the marriage so she got half.
Posted on 12/9/19 at 2:22 pm to fr33manator
quote:
She finally had enough and left your arse huh?
Im surprised it took this long.
Posted on 12/9/19 at 2:23 pm to OweO
I don't know why you keep up the "someone I know" charade, if you have a question just ask it. We don't need bullshite back stories
There isn't just a straight forward answer for something like this, every situation is different.
There isn't just a straight forward answer for something like this, every situation is different.
This post was edited on 12/9/19 at 2:25 pm
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