Is there anyway to keep my 401K whole?

WartimeDad · 2021-11-07T21:20:40+00:00

Half of what accrued during marriage. Not a penny more…

Calm_Tomato · 2021-11-08T00:48:06+00:00

The amount accrued during your marriage is 50/50. If you started your 401k before marriage, get the documents to prove what you had before and try to get an accurate number as to what it has grown too. This is yours and yours alone. The amount you put in and the amount that portion has grown to is 50/50. Good luck. My ex ended up with 1/3 my 401k because I found my documents.

McWhiffersonMcgee · 2021-11-07T22:07:39+00:00

It's 50/50, you can get your house appraised and use your portion of that to save a portion of your 401k. You can have the 401k split into two accounts for you and her, and transfer whatever remaining amount of equity is needed to make it even to pay her, her share.

Keep in mind that all of your possessions in the house, vehicles, etc are also worth money.

The last thing to consider is whether or not you'd be on the hook for alimony. If that's the case, you may want to bend a little to wrap this up quickly and avoid alimony.

gnackered · 2021-11-07T19:03:47+00:00

Probably fucked. How much are we talking about?

sicrm · 2021-11-07T20:05:35+00:00

book a consult with a lawyer or talk to the one you have and go over options.

don’t agree or sign anything until you talk to one. you want to make sure the agreement is iron-clad so she can’t come back for more later.

sunny0ne · 2021-11-08T06:40:05+00:00

Try out some scenarios and see what works.

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rb5775 · 2021-11-08T13:53:15+00:00

Does she have any type of retirement plan? If so there should be some kind of mathematical trade off.

disjt · 2021-11-08T15:10:55+00:00

401k is just like any other asset. It should be included in your 50/50 calculation (whatever amount was earned during the marriage). If you don't want to give up any of it, then she has to get the same value from another asset.

Gattsama · 2021-11-09T13:20:22+00:00

We just separated, she told me to leave and I'm not planning to go back. No kids, have a house, my 403b (same as 401k) and about $500k in investments. Per my studies and legal council I can ask to keep the entire 403b in exchange for subtracting it from the investments, and splitting the remainder. You can ask if she is game for something similar. You still have to split, just taking from different parts to make the whole...

Title	Is there anyway to keep my 401K whole?
Author	Sudden_Ad_4193
Upvotes	7
Comments	18
Date	November 7, 2021 6:55 PM UTC (2 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/qov4ga/is_there_anyway_to_keep_my_401k_whole/
Archive Link	https://theredarchive.com/r/Divorce_Men/is-there-anyway-to-keep-my-401k-whole.1085387 https://theredarchive.com/post/1085387