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The Law Offices of W. Douglas McKeague The Law Offices of W. Douglas McKeague
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What Happens to My 401K During a Divorce?


While divorces are generally an emotional roller coaster, they are particularly draining in a financial sense, as well. This may raise a number of concerns for both you and your future ex-spouse, especially regarding how a 401K is split in a divorce. Perhaps your most significant and essential financial asset, your 401K is of immense value during your divorce--in fact, it may be the most valuable asset you fight for during this entire process. As such, it is considered marital property, just like your home.

However, unlike your home, deciding what to do with your 401K is not quite as simple as any other asset or property. In these instances, it is important you draw up a QDRO, also known as a qualified domestic relations order. This order determined how your 401K will be distributed, and it highlights the way in which you and your spouse will choose to divide up the nature of 401K payments. Unless a QDRO is properly filed, your 401K may be incredible vulnerable to your spouse’s interference. If one party dies or retires before the plan is approved, your spouse will lose his or her benefits--all the more reason to enlist in the help of an Orange County family lawyer who will construct a QDRO that works with you and your spouse’s needs.

Contact Our Orange County Family Law Attorneys Today

Are you and your spouse heading for divorce? If so, now is the time to enlist in the help of a compassionate, experienced, and skilled Orange County family lawyer who will work tirelessly on your behalf. The Law Offices of W. Douglas McKeague is the right choice for you and your family during this challenging time, as we are deeply invested in helping you move through this process with ease. Our priority is your success and satisfaction--a desire not many divorce attorneys share. Allow us to fight for you today.

Don’t hesitate to schedule an initial consultation with a member of our legal team by calling (714) 888-4830.

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