Legal Question in Family Law in Georgia
401k
Divorcing my husband. He left end of November so I then filed for divorce. Married 9 1/2 years as of now. When does the ''clock stop ticking'' so far as at what point my portion of his 401k will be calculated? When he left or when the divorce is final?
2 Answers from Attorneys
Re: 401k
I assume you have a divorce lawyer. You should ask him/her, because all the circumstances need to be reviewed. If you don't have a lawyer, you should consult a local one.
Re: 401k
The answer is "it depends." If you don't agree, it's up to a judge as to wheteher it's divided at all and if so, in what percentage. Your attorney is the best person to ask this too, and presumably he's going to argue for the time period up to the divorce, and your husband's attorney is probably going to argue the shorter time period. This is not a do-it-yourself project, and the division of a retirement plan requires a QDRO, something probably only about 5-10% of family law lawyers are experienced enough to do.
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