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No Fault divorce

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l_howard

Junior Member
What is the name of your state? Maine
My husband and I are filing for a no fault divorce. He has agreed to sign our mobile home over to me and I have agreed to give him one third of my 401K. There aren't any other assets or personal property involved. My question is, when he is given the portion of my 401K does he have to put it into a retirement account or can he take the penalties and spend it when he gets it? He is 50 years old and doesn't have any type of retirement plan and really needs the money now. He would be getting approx. $15,000.00. Please advise. Thank you.
 


LdiJ

Senior Member
l_howard said:
What is the name of your state? Maine
My husband and I are filing for a no fault divorce. He has agreed to sign our mobile home over to me and I have agreed to give him one third of my 401K. There aren't any other assets or personal property involved. My question is, when he is given the portion of my 401K does he have to put it into a retirement account or can he take the penalties and spend it when he gets it? He is 50 years old and doesn't have any type of retirement plan and really needs the money now. He would be getting approx. $15,000.00. Please advise. Thank you.
The 401k would need to be divided into two separate accounts via a QDRO.
Once that is done he would have the option of withdrawing the funds and paying the taxes and penalities.
 

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