Unless you have a prenuptial agreement stating otherwise, all contributions to a 401k made since your wedding day and any interest or accrual since then are considered Marital Property. Therefore, that money is considered a part of the assets and liabilities to be divided in a divorce settlement. Pennsylvania is an Equitable Distribution state, which…
Read MoreAsset division. QDROs, or Qualified Domestic Relations Orders, are the primary way divorcing spouses can legally divide retirement benefits, which are tightly regulated by federal law. The one exception is IRAs, which do not require a Court Order to divide. The Employee Retirement Income Security Act of 1974, or ERISA, oversees many U.S. retirement plans, regulating how they must be…
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