Legal Question in Family Law in Georgia

401k in a divorce

Is my wife entitled to a portion of

my 401k in a divorce proceeding,

even if we have been married for

less than 5 years?


Asked on 11/12/06, 12:25 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: 401k in a divorce

The change of value in a 401K during a marriage is considered marital property, subject to division. This could happen by agreement or by a court judgment. It is not automatic and depends on the facts of the case. Since the cost of dividing a 401K is large (that requires the drafting of what is called a QDRO), which will add $750 or more to the cost of divorce, if the increase isn't large, the cost to divide it may exceed what is sensible to spend. This is one of many reasons you will need a lawyer in a divorce. Call me if I can be of assistance.

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Answered on 11/12/06, 12:34 am


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