Legal Question in Family Law in Pennsylvania

Re: 401K's

Well it depends on a number of things.

First, equitable distribution is seldom 50-50. Second, if the 401(k) was started during the marriage your wife maybe entitled to her equitable share. If it was started prior to the marriage then whatever percentage of the marital assets she's getting is adjusted by the coverture fraction. To determine that you have to take the number of months you were married over the number of months the IRA was in existence.

Another wrinkle is what other martial assets there are. If there are enough other assets you maybe able to give up some other asset in return for keeping you 401(k) intact.

{John}