My wife and I have been married since may of 2004 and we are currently getting divorce. Is she entitled to part of my 401 retirement that I have been contributing to through my employer and if not how can I remove her?
In the absence of any other legally binding agreements to the contrary, your spouse does have a right to all or part of your 401K benefits in a divorce. Most likely she will only be eligible for a portion of the benefits accrued during the marriage but other factors may be present. Removing her altogether is probably not possible. Every 401K has its own set of benefit provisions and rules. Some may divide earnings by percentage, others may divide by shares. A plan may permit a distribution of the ex-spouse’s portion at the time of the divorce, while others will require her to wait until retirement. In any case, be prepared to make a fair and equitable split of the funds. – The Divorce.com Team
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