401K vs. pension

turbor · 2022-04-10T14:32:27+00:00

No, you’ll be entitled to half her pension, or at least proportional to the length of the marriage.

Knave7575 · 2022-04-10T14:41:41+00:00

Pensions can be split at source. Most pension plans provide an actuarial valuation, and they will directly pay her half of that.

MNCPA · 2022-04-10T14:47:37+00:00

Great question. Both my ex and work in healthcare and here is how we split things up.

For the 401K (or 403B for nonprofit), the value is totaled and split in half.

For the pension, the pension administrator (i.e. employer) will provide the actuary value and that will be split in half.

In your case, the total value of your 401K and the actuary value of her pension is divided by two.

If you have more in your 401K than your half, then you pay her. If she has more in her actuary value than her half, then she pays you. It's up to you or her to decide how that difference is paid. Usually a check is paid between the parties to avoid retirement withdrawal penalties.

ferrisb1986 · 2022-04-10T19:26:59+00:00

Depends on the length of the marriage, my wife and I were married for less than two years and my lawyer is telling me my STBEW is entitled to half of what was earned during that time in my 401K which is complete bullshit, nearly $90K. The system is rigged against us fellas, don’t fucking get married.

sicrm · 2022-04-10T14:54:45+00:00

don’t assume anything.

book a consult with a lawyer and explain everything.

oneknocka · 2022-04-10T15:30:21+00:00

First court appearance with me new attorney, she had a case right before me. She represented this lady whose exhusband was suing for part of her pension.

She was crying because they had been divorced for a while and she didnt know how she was going to live on the reduced pension. My (her) attorney kept trying to explain to her that although he may have been an abusive husband and they werent married for that long he is still entitled to a part.

TonLoc1281 · 2022-04-10T14:11:36+00:00

I believe so.

Title	401K vs. pension
Author	chughead55
Upvotes	10
Comments	13
Date	April 10, 2022 2:07 PM UTC (4 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/u0ib4i/401k_vs_pension/
Archive Link	https://theredarchive.com/r/Divorce_Men/401k-vs-pension.1110489 https://theredarchive.com/post/1110489

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