Legal Question in Family Law in California
I recently went through a divorce in which it was stated my former wife get half of my 401k. When is she entitled to that?
Asked on 4/12/10, 6:22 pm
1 Answer from Attorneys
As soon as the judgement saying she gets half is final. You should have had a QDRO that named your 401k administrator. If you did not do that, you may have a problem getting the money out of the 401k. Consult with your 401k administrator about how you can do this. She will need to open an IRA account with eTrade or some other brokerage for you to roll the money into, or there will be very unfavorable tax consequences. Then work with your 401k administrator on how to get the money transferred.
Answered on 4/18/10, 9:36 am