Legal Question in Family Law in Ohio

401k distributions

I live in Ohio and I am currently separated from my husband. He worked at a job for 7 years and paid into a 401k plan. Out of the 7 years that he contributed to the 401k plan and until he left the employer (Jan 31, 2007) we were married for 5yrs and 8months+ of the time that he contributed. We are supposed to be splitting the 401k monies from the period of marriage until the time he quit (1/31/07) equally (50/50). He was fully vested. Although we are not divorced yet (and will not be divorced until probably 8/14/07), the company gave him a large portion of the 401k plan. How and when am I able to receive my portion? Will I have to wait until the divorce is final although he has not waited?


Asked on 5/03/07, 11:40 am

1 Answer from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: 401k distributions

The valuation of a marital asset is made at the time of filing for divorce when marital assets are frozen, or it would have to be argued, at the time you both agreed to separate without filing, for which you rely on your respective good will.

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Answered on 5/03/07, 12:40 pm


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