Saratoga Divorce Lawyer Explains How to Divide a 401K in Divorce

As a dedicated Saratoga Divorce Lawyer, I am often asked what people should know about dividing a 401K during a divorce.

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  • A large portion of a working person’s assets may be held in retirement funds or deferred compensation plans such as 401Ks, 403Bs, profit sharing, and other types of cash accounts.
  • Depending upon the type of fund, division of the accounts is dictated by a “simple qualified domestic relations order” or a “domestic relations order.”
  • Assuming each party receives the typical 50% of the marital share, the marital portion of the account is divided into two shares.
  • The order goes to the plan, which segregates the funds and executes a rollover of the non-titled spouse’s funds, generally into a rollover IRA.

Do you have a 401K that you are afraid will need to be divided in divorce?  Contact experienced Saratoga Divorce Lawyer Jean Mahserjian for guidance.

This educational video was brought to you by Jean Mahserjian, an experienced Saratoga Divorce Lawyer in Clifton Park.

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