Legal Question in Family Law in New Jersey

Re: 401(k) Distribution

Rather than invading the 401(k), obtain a QDRO, then the distribution will be tax free. If your attorney does not know about QDRs, hire an new attorney.

Daniel Clement

Re: 401(k) Distribution

This can be done tax free. One way would be to have a QDRO (Qualified Domestic Relations Order) prepared. You may also be able to have a direct rollover into your name to another type of qualified plan. This would depend on the terms of the 401(k) and your own retirement vehicles. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. You need to discuss this issue with your own attorney in more detail or seek the advice of an attorney who has more experience with this type of issue. Only then will you be able to rely on the advice. I will be happy to assist you if you do not have an attorney or if you want to seek alternate counsel. If you want to speak with me, call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

Re: 401(k) Distribution

hi - often it depends on how the divorce judgment is worded. you should ask your attorney about that. also, a qdro is often a better way to go, and can be prepared for you just like any other court order. feel free to call me at 609 263-0089, if you have any questions. good luck !!