401k - When does it become marital?

BreakGrouchy · 2023-03-09T01:43:47+00:00

So I just did a passive growth analysis 🧐 on my 401k my attorney says it’s probably a 1st . I paid a group that does pension. It drastically dropped the amount of money she thought she was going to get . Well worth the money I paid for it . Trial on the 30th it’s going to get dirty.

Plenty-Entertainer71 · 2023-03-09T01:25:22+00:00

U have to be married for 14 yrs in my state to get any part of your spouses 401k

Throwaway4120213 · 2023-03-09T02:04:40+00:00

Yes - the premarital portion is hers provided she can provide documentation. If she just wants to deduct 2 years of premarital contributions - honestly it’s a good deal for you as she is leaving money on the table.

It’s not as simple as the 401k was worth $10k at the time of marriage and now it’s worth $100k so she gets back $10k. You need to apply the market return/passive return on the $10k to determine the true value of the pre-marital portion so if market returns over 18 years was 3x then the pre-marital portion would be $30k. You can also hire accountants that specialize in this type of valuation.

upvotersfortruth · 2023-03-09T05:14:59+00:00

typical but it's not an easy calculation, necessarily.

NothingIsEverEnough · 2023-03-09T05:25:15+00:00

If you have 20 years of statements you can do it. Hardly worth your time.

dday_throwaway3 · 2023-03-09T10:47:36+00:00

It's typical. I did it in my own divorce. The onus will be on her to provide the paper trail, and the amount of money in the account prior to the marriage.

Xan-Diesel · 2023-03-09T17:44:32+00:00

My scenario was unlike many of the men here but my ex-wife agreed to a pretty simple deal. She had a paltry amount in her 403b (maybe three or four thousand dollars) and I had something like $130,000 of value in my 401k. I'd been contributing for fifteen years and we were married for just shy of ten of them. She agreed to half of ten-fifteenths (ten out of the fifteen years).

The day she left and our separation began just happened to fall on the last day of May and my 401k provider had a valuation spreadsheet for activity all the way up to that day, so I was able to forward that to her so she could confirm my math. We deducted half of her 403b valuation from half of ten-fifteenths of my 401k rather than have her go through the same process (at her insistence, I didn't want any of her portion).

We drafted the information into the divorce decree and I gave it to my employer who got the 401k folks to handle the necessary QDRO. It was pretty painless, though I acknowledge most men see a much different situation.

traderjoesbeforehoes · 2023-03-10T15:03:16+00:00

its called a QDRO and is pretty standard stuff for dividing retirement accounts

Title	401k - When does it become marital?
Author	PoppinPMAGs
Upvotes	9
Comments	26
Date	March 9, 2023 12:30 AM UTC (3 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/11mdeqz/401k_when_does_it_become_marital/
Archive Link	https://theredarchive.com/r/Divorce_Men/401k-when-does-it-become-marital.1173106 https://theredarchive.com/post/1173106

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