Legal Question in Family Law in Louisiana

Do I have to cash in my 401K

My ex-wife is taking me to court to try and get her share of my 401K retirement plan. By law, do I have to cash it in prematurely to give her her share or does she have to wait until I retire (in about 15 years). The amount that was in the plan at the time of divorce was only about $700. Since the divorce it has grown to presently be about $13000.


Asked on 6/06/04, 7:54 am

2 Answers from Attorneys
Andrew Casanave Andrew M. Casanave

Re: Do I have to cash in my 401K

Eventually the court will order a Qualified Domestic Relations Formula (QDRO), dividing the fund in what should be a fair division considering that a portion of it is community property.

Read more
Answered on 6/06/04, 9:19 am
Andrew Casanave Andrew M. Casanave

Re: Do I have to cash in my 401K

I apologize. I told the principle involved and did not answer the basic question. I shall now.

No, you do not need to cash the 401K. She will get her share when it matures.

Read more
Answered on 6/06/04, 9:27 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Louisiana