Legal Question in Family Law in Ohio

Protection of 401K Assets

If division of 401K assets is required by a divorce or separation order, is there a method or instrument for protecting those affected assets from tax, early withdrawl penaly, etc.?


Asked on 1/07/04, 11:03 am

1 Answer from Attorneys
Stephen Daray Sciangula & Daray

Re: Protection of 401K Assets

The mechanism to divide a 401k is a QDRO. It should be done around the time you get the divorce. If you are the spouse of the 401k participant, you need to have the QDRO done soon. Once done, the funds will be segregated from the participant�s account. By this, I mean that you ex would not be able to withdraw the funds or otherwise take your money. Call me with any questions. Steve Daray 440.835.8200

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Answered on 1/09/04, 8:28 am


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