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401K and divorce

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diamante

Junior Member
What is the name of your state (only U.S. law)? PA

Before my husband and I got married I had a 401K plan and he didn't. If we happen to get a divorce before reaching retirement age, is he entitled to half of my 401K?

Is there a way to protect my 401K in case we get a divorce in a few years? I just don't feel it's fair that I've been putting money away all this time and he gets half just because he's been married to me for sometime. What if he gets 401K of his own, will he still be entitled to mine?
 


cbg

I'm a Northern Girl
I'm a little weak on QDROs so someone can correct me if I'm wrong but as I remember it, he is entitled to one half of what went in while you were married, not necessarily one half of the whole thing.
 

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