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Old 06-14-2002, 10:36 AM
aim900
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Pension & Retirement $$ (401k) & Divorce


What is the name of your state? California

My husband just informed me last night that he wants to call it quits. Two weeks ago I requested a pay out of my pension benefits and also want to close out/cash out my 401K (from my previous employer)... just waiting for the market to go back up.

We have not filed for divorce or separation or anything yet and probably won't for a little while.

I don't work right now - was laid off about 8 mos ago. He makes a very good living. We have one child and have been married 10 years.

My question is... can I take out my 401k and pension money now without having to pay him 1/2 in a settlement? It will be long gone (spent) by the time we get into actually filing.

If I left the 401K money in the account at Schwab, would he be entitled to 1/2 when we divorce?

And, would it be in my best interest to stay unemployed for now (as far as alimony & child support)?

Thank you.
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