Arizona is considered a community property state during a divorce. If one party in the marriage has a 401(k) through their employer can the other party collect half of the 401(k) through a divorce?
2006-08-07 11:50:31 · 7 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
In principle, yes. However, the 401(k) account may be mixed community and separate property due to contributions made prior to the start of the marriage. Because 401(k) accounts are subject to the Employee Retirement Income Security Act of 1974, they cannot be alienated in a divorce proceeding except through the issuance of a qualified domestic relations order, or QDRO.
2006-08-10 12:24:27 · answer #1 · answered by EmployeeBenefitsGuy 2 · 0⤊ 0⤋
Yes
2006-08-07 19:31:36 · answer #2 · answered by Right Wing Extremist 7 · 0⤊ 0⤋
You might as well save yourself alot of grief and expense, and fill out the financial and asset disclosures accurately, because trying to fight it will cost you the same amount of more than what you have saved in the 401k. By doing everything open and early, you benefit from getting on with your life and trying to forget the mistakes of the past.
2006-08-07 19:18:49 · answer #3 · answered by nothing 6 · 0⤊ 1⤋
Kind of chicken-head-ish type question. Why would you even want it? Get some self-respect and get a job. Work for a living and brush the guy off.
2006-08-08 15:00:01 · answer #4 · answered by Ain't Not Cool 3 · 1⤊ 0⤋
Unfortunately for you (probably) YES.
2006-08-07 19:02:17 · answer #5 · answered by Anonymous · 0⤊ 0⤋
i dont know about arizona but in texas the answer is YES. i got about 240000 from my husbands . i hope she was worth it ....lmao
2006-08-07 19:05:17 · answer #6 · answered by BLOODHOUND 6 · 1⤊ 1⤋
Why shouldn't it be? It is money earned while you were married... be fair and share.
2006-08-07 21:38:07 · answer #7 · answered by lily 6 · 0⤊ 1⤋