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Asked 9/24/2010
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Will my separation agreement validate my claims to his 401k when we actually divorce? If I draft a separation agreement which states that when the divorce is finalized (say in 2 years) that I will file a QRDO seeking 50K from my husbands 401k plan,(it cant be filed until actual divorce proceedeings begin) can he simpy take withdrawls and/ or loans in the meantime possibly not leaving enough funds for me to recieve when the QRDO is filed? In other words, if he signs an agreement agreeing to leave enough funds for me, is it legally binding? I am seeking a flat amount rather than a percentage (which may or may not be to my benefit at the time of divorce) in order to not worry about market fluctuations etc. Also I am not trying to get any of his monthly pension benefits when he retires. Thank you |
Answer 1/2 - Submitted 10/1/2010
Answer 2/2 - Submitted 11/7/2010
Why will it be 2 years for you to be divorced? If you do not have young children a divorce is real quick. (Vegas has drive thru divorce services). If the 401(k) is invested poorly and the stocks tank you could get 1/2 of next to nothing. I have seen $120K 401(k) plans go to $70K in a 12 month period. I have been thru a divorce and the best recommendation I can give is to get it over quickly and do your best to stay civil with each other. Divorce is a very tough emotional time on all involved and a clean break is the best financially and emotionally.
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