Legal Question in Family Law in Ohio
401k and divorce
In Ohio, can the court divide a 401k pension like other property in a divorce settlement? If divorced, can one spouse be forced to pay the other a part of their 401k earnings, and if so, what guidelines are there, if any?
Asked on 3/21/04, 8:40 pm
1 Answer from Attorneys
Frank Rozanc
Frank J. Rozanc, Esq.
Re: 401k and divorce
Yes, the court may do this under a qualified domestic relations order, but the receiving spouse is bound by the distribution regulations of the particular pension fund. The portion subject to division as a marital asset is that portion earned or appreciation gained during the marriage.
Answered on 3/22/04, 2:21 am
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