Divorce/401k/QDRO

RockHardTen1985 · #1 09-28-2009, 04:54 PM

Ok does anyone know the deal with these? If someone divorces after paying into a 401k.... and legally the other partner is intitled to half " the partner that did not pay" Can the partner who is getting the half cash it in early with no penalties because of the divorce? I always thought live altering things could allow you to go into the 401k early??

docicu3 · #2 09-28-2009, 05:07 PM

Quote:

Originally Posted by RockHardTen1985

Ok does anyone know the deal with these? If someone divorces after paying into a 401k.... and legally the other partner is intitled to half " the partner that did not pay" Can the partner who is getting the half cash it in early with no penalties because of the divorce? I always thought live altering things could allow you to go into the 401k early??

No special tax exemption here, she can roll it over without ever actually cashing into another fund but cannot cash early without paying taxes and penalties.