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Asked 2/22/2010
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Texas Divorce and 401k. My husband got a divorce and has a 401k that the company matches 7% of what he puts in it, now what i need to know is in his divorce she gets 33% of his 401k so does she get 33% of the whole amount or just the money that "he " put in not what the company has put in to match. Just say with his loan ect he has total 60,000 in his 401k but with loan and what he has put in it is say half of that, does she get just 33% of what he has put into it or does she get 33% of what he and the company put in? |
Answer 1/2 - Submitted 2/23/2010
Usually, and the QDRO should spell this out exactly... it is 33% of the balance as of a certain date. .the administrator will then separate the balances (his and hers) and allocate any losses or gains on that amount... so they will share the contribution (employer and you husband's) and the profit or loss... This can be a benefit or a loss to the ex... they often get less than the order states because of losses since that date.. They will assume that her portion would be invested as it is now, from the date of split until now.. any gain or loss on her 33% will be hers to bear.
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