401k Retirement

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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