Questions about a 401K in a divorce?

Questions about a 401K in a divorce?
Just a few questions about the (i forgot word but) "rules" of a 401K... and about when its used in a divorce... 1.) Do spouses share 401K's? Or do they both have their own? 2.) Does a spouse have to take a 401K? Or is it just if they need it? In the state of Texas... idk if that helps...


Answers:

Obamavenger:  It depends on state law.
2011-06-19 20:11:47
Chosen Answer
CW:  401Ks are owned by the working employee by themselves. In a divorce she can ask for a QDRO or Qualified Domestic Relations Order to have it split without taxes or penalties so she gets half in her name. State law has absolutely nothing to do with it since it's a federal program.
2011-06-19 20:29:45