401k Retirement

Aug 8, 2012 by

Question: 

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?

State: 
Massachusetts

Answer: 

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

Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. By submitting your question to Divorce.com, you are not creating an attorney/client relationship with Ms. Jaffe or with any of the other attorneys listed on this site.

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