Michael E. Golub, P.A.

October 2019 Archives

Can you cash out your portion of a 401k in a divorce?

If you are like many of those entering into divorce proceedings in Tavares, one element that you were not prepared to deal with was dividing up your ex-spouse’s 401k. In actuality, their entire 401k is not subject to property division, but rather only those contributions made during your marriage (as they were likely made from marital income). Depending on the length of time that you were married, your portion of those contributions could be significant. Such an infusion of funds would not be a great benefit as you transition into your post-divorce life. Yet are you allowed to withdraw them right away?

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Michael E. Golub, P.A. 819 West Main Street, Suite B Tavares, FL 32778 Phone: 352-508-1637 Tavares Law Office Map