Blondie wrote:

- quote -

That's going to depend on the relevant state law involved.
The mechanism to get it out of the plan is a Qualified
Domestic Relations Order, but federal law clearly grants the
authority to the state courts to issue such an order and the
plan is obligated to comply with a valid QDRO.

- quote -

It's not going to be any different than any other asset.
The only real difference is that it's likely harder to
*fraudulently* undervalue that asset if the spouse has any
idea it exists, since the plan trustee is the actual owner
of the assets in question (the assets underlying the plan
balance).

The real way to do this--get competent professional help
from a good local family law attorney. But I would offer
one piece of advice--if you decide to "do battle" in full,
you can easily create a situation where neither you nor your
spouse will get the plan--rather it will go into litigation
expense.

If you ever hear yourself saying to your attorney "it's the
principal of the thing!" when justifying continuing to
battle, save both of you a lot of trouble and just agree to
each give half of all you have to a third party. Because,
otherwise, the expense of battling in court will consume all
that's there. And, frankly, there's *always* one more
battle you could fight in these cases if you look hard enough.

Divorce is an emotional issue--but you need to retain enough
common sense to continue to make an appropriate cost/benefit
analysis.

--
Ed Zollars, CPA
Phoenix, Arizona

Give it all to me before you get divorced. Then, I'll give you most of it
back in a secret deal after the divorce lawyers are done with you.

"Blondie" <rachel_elaine[at]sbcglobal.net> wrote in message
news:0255683fb0b3528ab62b6d5851aa69a5[at]localhost.talkaboutinvestments.com...
- quote -

getting what I have worked for 25 years for? I am within 5 years of
retirement and I need all that I can get! Thanks

Now that I am getting a divorce how much can my wife get of my 401k? I have around 125 thousand now! Also is there a way that I can keep her from getting what I have worked for 25 years for? I am within 5 years of retirement and I need all that I can get! Thanks