How to Determine Who Gets a 401K in a Divorce

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Part of the video series: Relationship Breakup & Divorce Advice

Summary: State laws and financial affidavits determine who gets a 401K in a divorce. Find out more about dividing 401Ks with tips from a professional psychologist in this free video about relationship and marriage advice.

Views: 309 | Tags: therapy, relationships, counseling, divorce, divorces, divorce advice, breakup advice, custody, relationship advice


About the Expert

Dr. F. Felicia Ferrara Dr. F. Felicia Ferrara has 25 years of experience in psychology with a specialization in childcare and adolescent adjustment. Dr. Ferrara maintains a private ... read more

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Video Transcript

How to Determine Who Gets a 401K in a Divorce

Hello, have you ever wondered how to determine who gets the benefit of your 401K, at the time of divorce? I'm Dr. Felicia, and I'd like to share a few tips with you. First place, nine out of ten times, you signed a financial affidavit with your divorce attorney, at the time of divorce, so many circumstances vary with this one, and depending on your jurisdiction within your divorce, what state you're in, and what county. The other thing also depends on the benefits administrator. You might want to check with them, in terms, of if you can assign a 401k to someone else, or not. The other thing is, that also you may be able to work out a trade, where in lieu of breaking up your 401k, you may be able to give some other asset, so that you can keep your retirement plan intact. These are all things that should be discussed with your attorney, and they should also be certainly in line, with what's happening in your jurisdiction. Most people have other assets, if they have a 401k, so you should be able to work some kind of barter out, if possible. With that in mind, I would like to say good luck to you, and please always consult your attorney, on these matters. Thank you, and have a great day. Dr. Felicia.

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