How is a pension and 401k split when I have one and stbxh has the other?

Married 17 years. We have the 401k in his name w/ me as beneficiary. I have the pension plan with my job. The value of my pension is based on how many years I have with the company. i.e., After 30 years, my pension would be 50% of the average of my last 3 working years. Every year after that it would go up a percentage, maxing out at 75% after 37 years. Based on my age, I hope to retire when I have the 30 yrs in...which will be in 9 yrs. Do I have to give stbxh 50% of my 50% pension? Or just an amount equal to what my half of the 401k is? I am also 10 yrs older than stbxh - so would be retiring before him....I don't know if this matters.....

by zuki 685 Posts
Posted on 2/11/2009 6:27 PM

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Tags: pension , 401k , splitting , dividing , equitable distribution , assets

Answers for "How is a pension and 401k split when I have one and stbxh has the other?" (4) (You must be logged in to answer)

Get an attorney!!!! Have him/her fight for your pension. If his 401 K is close to what your pension fund is they will probably let each of you keep your own. My ex was retired military and for 17.5 yrs of the time that he was in we were married, so I got 43.5 % of his retirement. He worked for the postal service for 13.5 yrs of our married life after the army so I was awarded part of his postal retirement. I had been in my job only 2 1/2 yrs when we were divorced so I got to keep that. I have since gotten a new job and no longer with that organization. Your best bet is to get an atty and see if your stbx will have to pay for your atty fees. Another thing you should do, is find out who the best divorce atty is in your area and if you don't hire him/her, at least consult with him/her then the stbx won't be able to hire him/her because you have already consulted them. Another way of getting even with them.

by melaine 425 Posts
Posted on 3/16/2009 12:19 AM

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Thanks, Trisha and Scared27years - I also went to my job's website after I posted this question...and, what do you know, they explain all about how a defined benefit contribution plan is valued! I don't know why I didn't think to look there first....and I can fire off a letter to them and they will let me know the projected amount.

by zuki 685 Posts
Posted on 2/12/2009 10:35 PM

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As Trisha said it depends on what it is. I have a pension as a teacher - he has a 401K and a pension. We will probably quadro all of it so the split is equal. Remember you both only get 1/2 at the time of the divorce not the time of the retirement. Plus any 401K has to be turned over into another 401K until you are of the age to retire -- you can't touch the cash until then.

by scared27years 283 Posts
Posted on 2/12/2009 6:11 PM

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If they're equal in value each of you could just keep your own. If yours is more you would have to give him part of it to equal the 50 %.

I received half my ex's pension and half his 401k's. But I didn't have anything to split because I was a stay at home wife and mother.

If there are any other assets to be split (house etc.) you could both trade off to make it a equal split. One take the house in place of the pension or their part of the 401 K.

But you both have to be willing to negoiate to get this done peacefully.

by trisha9054 4967 Posts
Posted on 2/11/2009 7:37 PM

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