Legal Question in Family Law in Massachusetts
Splitting a 401K
In a divorce, if the husband pays into a 401K (the wife didn't work) and it is to be divided equally, is the balance to be divided determined as of the date of filing for divorce or is it the date the divorce is final?
3 Answers from Attorneys
Re: Splitting a 401K
That decision is made by the judge, in his or her discretion, considering the facts, or by you in a well-written Separation Agreement. If the Separation Agreement has already been written and is silent on the "when," I would say that the date of the nisi judgment's entry controls, not the date of finality.
Re: Splitting a 401K
It will be as of the date agreed if stated in a separation agreement or in accordance with the Court's order.
Re: Splitting a 401K
Usually the judge divides it when these are the options, as of the date of the divorce.
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