401K

GreenUse1398 · 2023-09-06T17:55:43+00:00

You're still very young. Debt is almost always a bad thing. If it was me? I'd just split the 401k. Take the hit, learn a lesson, move on and rebuild. Good luck.

Flashy_Yam967 · 2023-09-06T18:05:32+00:00

Why can't a QDRO give you a percentage of her pension? You are entitled to a percentage of her pension as she is entitled to percentage of your 401k. Depending on values, perhaps you keep all your 401k and give up your rights to a share of her pension.

I have a pension program and paid my ex like 20k to give up her interest in my pension. I split my 401k with her which was treated as a rollover/transfer.

ElderberrySuper3659 · 2023-09-06T18:24:30+00:00

Her pension balance and your 401k are both marital assets.

RevolutionaryLaw8854 · 2023-09-06T18:26:05+00:00

I need more information.

I can’t imagine this is true. Imagine a stay at home parent, married 35 years. Spouse is a superintendent making $125,000 a year and getting a really nice pension in few years.

Working spouse files at age 62 and collects 100% of the pension at age 65 and the other spouse gets nothing. I’d be very surprised if this is true.

cschoonmaker · 2023-09-06T18:05:18+00:00

If you're doing this without involving lawyers what's the harm in asking to keep your 401K as an off set to the pension she'll get that is somehow protected?

sbarrowski · 2023-09-07T00:43:12+00:00

I didn’t even start my 401k until I was 33. It’s currently at an appropriate level thanks to generous matches from my employer. You can easily make up the lost money.

47omek · 2023-09-06T19:00:49+00:00

Like others have said, while her pension may not be divisible but it does have a current value that can be assigned to it from an asset division perspective. Also, you need to be sure to discount your 401k value by about 20-30% to account for future taxes owed on distributions when you're trading off 401k versus tax-free assets like cash or home equity. A dollar of 401k is equivalent to about 70-80 cents of cash/equity. To be honest I'd just propose that she walks with her retirement and you walk with yours and cut ties.

Old_Payment_4335 · 2023-09-06T18:34:47+00:00

Or find somebody to plant cocaine in our car and have her ass pulled over not too sure win

Old_Payment_4335 · 2023-09-06T18:32:27+00:00

Most of the times you can take a personal loan on your 401k interest-free depends on how much money you have in there and they take back but without interest

Old_Payment_4335 · 2023-09-06T18:33:42+00:00

And if you worry about your pension just try to out live her.

JohnnyMnemo · 2023-09-06T19:54:37+00:00

You should split the 401K. You don't want to take out a loan (with financing) to avoid splitting money that is restricted use until retirement.

But that pension protection is some bullshit.

I split my 401ks, and wasn't aware of any consequences from doing so.

Throwawaysi1234 · 2023-09-06T20:13:16+00:00

So if you're not taking this to court for a judge to rule on, then it's at least worth the conversation to determine how much she is likely to get from her pension and how to balance that against your 401k.

There is a difference between "whats fair" and "what you're legally entitled to" and depending on which mindset you're both trying to angle towards she might be willing to take less than half your 401k.

NothingIsEverEnough · 2023-09-06T21:50:05+00:00

Get a QDRO to split the gains for the six years. Your gains and your principal from before then stays the same

Title	401K
Author	Lockenshade
Upvotes	10
Comments	25
Date	September 6, 2023 5:51 PM UTC (2 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/16bqvzf/401k/
Archive Link	https://theredarchive.com/r/Divorce_Men/401k.1231209 https://theredarchive.com/post/1231209

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