My my wife and separated 10 months ago. We were granted a limited divorce 4 months ago. The division of marital assets was not deliberated during that process. We will be eligible for an absolute divorce in 2 months. If marital property is decided on at that time, are we spliting the 401k as it's value was at the time of the separation, limited divorce, or absolute divorce.
2 Answers from Attorneys
As long as you have remained separate and apart, without marital relations, you would be eligible for an absolute divorce. Property division is effective as of the date of the absolute divorce, unless there is an agreement between the parties to establish a different date.
A qualified domestic relations order is required for any funds held subject to an annuity, retirement assets, or continuation of health insurance. A limited divorce is usually sought where children are involved or there are other complicating matters. Call me to discuss your case.