Legal Question in Family Law in New Jersey

Re: divorce

Ordinarily, the $ would not be taken out now but divided under a Qualified Domestic Relations Order so that when she takes the $ out she pays the taxes (as would you when you take yours).

Our law firm is involved with both non-litigated and litigated solutions to such dilemmas. I strongly suggest that you engage counsel forthwith to review your options before disharmony takes over and the resolution becomes more difficult and costly.

Disclaimer: Your question and any response given are not intended to create an attorney-client relationship. The response given is not intended to be relied upon by you or anyone else as it is based only on the limited information which you have provided. Other information is needed before advice can be given including facts which you have not supplied which may change the response to your question

Re: divorce

Unless you agree differently, then you pay tax on what you take out, when you take it out, and she does the same. That is just a general statement, and I am not able to say for sure what your situation will be.

Please get a lawyer. You sound like you do not have one, and you are going to get yourself into some serious difficulties and/or cost yourself a lot of money that you do not need to lose.

Please call my office if you would like my assistance. I would be happy to speak to you on the telephone, but it will take more than just a brief telephone call to assist you with these issues.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru. This website, LawGuru, will NOT let me list my phone number in this response.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The response that you have received is based only on the small amount of information which you have provided. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Re: divorce

The 401k is simply divided between you in accordance with your agreement. When one of you withdraws money from his/her share of the 401k then there is a tax.

Gary Moore