Dividing 401k In Divorce

Summary

In divorce, the division of a 401K account is typically based on the value as of the divorce filing date, including any passive gains or losses. This division is executed through a Qualified Domestic Relations Order (QDRO), which in this case, will be prepared by the Wifes attorney at her expense. It is important to confirm the specific date for division with your attorney, as it generally aligns with the date of divorce filing rather than the QDRO filing. Always consult with a legal professional to ensure compliance with state laws.

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Date of divorce filing or qdro filing?
It sounds like you need to know the date to use for dividing the 401K account. Generally, it would be the date of the divorce filing, not the QDRO filing. Verify this with your attorney to ensure it aligns with your state’s laws.
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