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re: Question About Divorce And 401ks

Posted on 12/9/19 at 5:08 pm to
Posted by MMauler
Primary This RINO Traitor
Member since Jun 2013
24755 posts
Posted on 12/9/19 at 5:08 pm to
Each gets half of the others BUT only for contributions (plus earnings on THOSE contributions) while they were married.

So, if his 401K was worth $300K when they got married and he contributed another $100K while they were married, she only entitled to 1/2 of the $100K plus 1/2 of any earnings on that $100K. He keeps the $300K and the earnings on that $300K.
Posted by Miketheseventh
Member since Dec 2017
7116 posts
Posted on 12/9/19 at 6:19 pm to
quote:

He has 100k in his She has 50k in hers She ends up with 25k basically.


This is how it works in LA. I have first hand knowledge. Believe me it sucks
Posted by madamsquirrel
The big somewhere out there
Member since Jul 2009
56579 posts
Posted on 12/9/19 at 6:29 pm to
I don't understand these ladies mentality and don't agree with community property states anyway. I got a divorce and my ex had a 401k that I did not touch. Wasn't factored into the balance sheet at all. I didn't work for it so I didn't feel entitled to it. I did not work for most of the marriage.
Posted by baldona
Florida
Member since Feb 2016
24473 posts
Posted on 12/9/19 at 6:43 pm to
quote:

pensions, she was broke and dead in just a few years


How’s that work? You get her 50% back now?
Posted by 777Tiger
Member since Mar 2011
93541 posts
Posted on 12/9/19 at 7:25 pm to
I actually did get back some of one of my pensions when she croaked, a modicum of justice.
Posted by Lsudx256
DFW
Member since Mar 2016
3539 posts
Posted on 12/9/19 at 7:29 pm to
I invest all money in ammo. It will eventually be the worlds currency, and my wife doesn’t want that crap if we split up.
This post was edited on 12/9/19 at 7:45 pm
Posted by bamabkj
Member since Dec 2015
737 posts
Posted on 12/9/19 at 7:33 pm to
In TN she has to be married 10 years to be entitled to half of retirements so hope it's something like this and his time frame is good.

If not I'd say gonna lose half at least.
Posted by East Coast Band
Member since Nov 2010
66995 posts
Posted on 12/9/19 at 7:45 pm to
My sister recently got a divorce.
She gets a pension when she retires (probably within 10 years), but not much in a 401k/ 403b. Her now ex-husband had a 401k, but no pension.

How is this settled?
Posted by Man4others
Member since Aug 2017
2515 posts
Posted on 12/9/19 at 8:02 pm to
Nice she blew it? Now she owes the IRS for taking distributions from a qualified account. Whooops
Posted by Belly
Member since Dec 2016
246 posts
Posted on 12/9/19 at 9:48 pm to
I was going to ask about that. So if you get half of the earnings on whatever contributions were made during marriage, how difficult is that to prove? Would you typically show the actual investment and all subsequent trades (if any) to arrive at new value or would you just take the average return of the account or something else?
Posted by terd ferguson
Darren Wilson Fan Club President
Member since Aug 2007
114938 posts
Posted on 12/9/19 at 9:50 pm to
You getting divorced, big dawg?
Posted by sabanisarustedspoke
Member since Jan 2007
5960 posts
Posted on 12/9/19 at 9:52 pm to
quote:

Question About Divorce And 401ksSomeone 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?


At first glance yes you are correct. But, I would make sure she still has said 401k bc she probably cashed it in without you knowing.
Posted by Eli Goldfinger
Member since Sep 2016
32785 posts
Posted on 12/9/19 at 9:53 pm to
quote:

if she has a 401k, do they combine the two 401ks and divide them


Yes
Posted by MMauler
Primary This RINO Traitor
Member since Jun 2013
24755 posts
Posted on 12/9/19 at 9:55 pm to
It's basically just a formula that the plan will use to calculate based on the date of marriage, the date of divorce, the contributions made pre and post marriage, and the earnings within the account. Just submit a QDRO (assuming a private employer) with those dates and it's fairly simple to figure it out.

Keep in mind, it's calculated on a daily basis so it's not like some straight percentage basis. The later contributions obviously didn't earn the same amount of interest (or incur the same amount of loss) as the earlier contributions.
This post was edited on 12/9/19 at 10:10 pm
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
76156 posts
Posted on 12/9/19 at 11:19 pm to
quote:

My sister recently got a divorce.
She gets a pension when she retires (probably within 10 years), but not much in a 401k/ 403b. Her now ex-husband had a 401k, but no pension.

How is this settled?
Obviously we’re going to need pics of her to let you know.

And what state they are in, address for her would be helpful.

TIA
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