What to do if my ex is telling me that I have to wait for him to retire to get half of his 401/retirement?

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What to do if my ex is telling me that I have to wait for him to retire to get half of his 401/retirement?

Asked on October 23, 2012 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If in fact the money is in a 401K plan then it is probably subject to distribution (divided) at the time of the divorce.  There are certain penalties involved for early withdrawal and tax issues that you need to be aware of but you should not have to wait.  If the plan is not such a plan then you may have to wait and you may need a QDRO (Qualified Domestic Relation Order) signed by a judge.  Good luck.


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