- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
re: Question About Divorce And 401ks
Posted on 12/9/19 at 5:08 pm to OweO
Posted on 12/9/19 at 5:08 pm to OweO
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.
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 on 12/9/19 at 6:19 pm to BoogaBear
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 on 12/9/19 at 6:29 pm to Miketheseventh
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 on 12/9/19 at 6:43 pm to 777Tiger
quote:
pensions, she was broke and dead in just a few years
How’s that work? You get her 50% back now?
Posted on 12/9/19 at 7:25 pm to baldona
I actually did get back some of one of my pensions when she croaked, a modicum of justice.
Posted on 12/9/19 at 7:29 pm to OweO
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 on 12/9/19 at 7:33 pm to Lsudx256
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.
If not I'd say gonna lose half at least.
Posted on 12/9/19 at 7:45 pm to OweO
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?
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 on 12/9/19 at 8:02 pm to bayou choupique
Nice she blew it? Now she owes the IRS for taking distributions from a qualified account. Whooops
Posted on 12/9/19 at 9:48 pm to MMauler
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 on 12/9/19 at 9:50 pm to OweO
You getting divorced, big dawg?
Posted on 12/9/19 at 9:52 pm to OweO
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 on 12/9/19 at 9:53 pm to OweO
quote:
if she has a 401k, do they combine the two 401ks and divide them
Yes
Posted on 12/9/19 at 9:55 pm to Belly
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.
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 on 12/9/19 at 11:19 pm to East Coast Band
quote:Obviously we’re going to need pics of her to let you know.
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?
And what state they are in, address for her would be helpful.
TIA
Popular
Back to top


1






