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What happens to retirement funds and 401k plans in a divorce?

Posted by Michael G. Butash | Aug 11, 2017 | 0 Comments

What happens to retirement funds and 401k plans in a divorce?

Retirement plans and 401k plans are part of the equitable distribution process of a divorce, which is a division of all of the assets and the debts of the marriage. There is a presumption that each of the accounts will be divided 50/50 between the parties. That is a rebutable presumption, and some people would prefer to retain 100 percent of their 401k or retirement accounts, and, in so doing, they will give other assets to the other spouse to offset what they're giving up for the retirement funds.

If retirement plans are divided, there is a qualified domestic relations order or [quadro 00:45] that is used and submitted to the court and to the investment companies, and the funds are divided that way.

About the Author

Michael G. Butash

Michael G. Butash Stetson University College of Law Florida State University Former State Prosecutor Mike grew up in the Tampa Bay area and graduated from Stetson University College of Law in 1997. He was immediately hired as an Assistant State Attorney for the 6th Judicial Circuit (Pinellas/...


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