Can my wife take half my 401k?

Can my wife take half my 401k?

Your desire to protect your funds may be self-seeking. Or it may be a matter of survival. But either way, your spouse has the legal grounds to claim all or part of your 401k benefits in a divorce settlement. And in most cases, you’ll have to find a way to make a fair and equitable split of the funds.

How are retirement accounts divided in a divorce?

Retirement accounts are marital property, which means they are subject to equitable distribution. Depending upon the length of the marriage, the funds deposited in the retirement account(s) before the marriage are reserved to the individual who brought them into the marriage rather than being divisible.

How common is divorce after retirement?

Divorce rates in the United States are declining—except for people over 50. Twenty years ago, just one in 10 spouses who split was age 50 or older; today, according to Dr. Susan Brown, professor of sociology at Bowling Green State University and co-author of The Gray Divorce Revolution, it is one in four.