401K

[I cry_ in_the_dark]

I am posting on behalf of a friend.

 She is in the middle of a divorce, and while I'm not sure of the whole situation, he's attempting to keep his 401K to himself, stating it is not a retirement plan. (Please let me know if you need more info.)

1. What are her rights in regard to this 401K? (State is Pa.)

[socrateaser]

>I am posting on behalf of a friend.
>
> She is in the middle of a divorce, and while I'm not sure of
>the whole situation, he's attempting to keep his 401K to
>himself, stating it is not a retirement plan. (Please let me
>know if you need more info.)
>
>1. What are her rights in regard to this 401K? (State is Pa.)

You cannot post for a friend, because my answer to you is effectively assisting a third party in the unlicensed practice of law. So, you should have your friend post herself (or at least post as if you are your friend, so I can't possibly know the diffierence).

If this were you who were asking about your rights, I would say that the court has authority to distribute the contents of the 401K in any manner it deems fair, after considering all of the facts concerning the marital estate. The fact that the 401K is or is not a retirement plan is irrelevant. What matters is whether or not the assets in the account were acquired as part of the joint efforts of the marital partnership, or due solely to the effort of one of the spouses. Even then, the court can divide the asset among the parties in order to make a fair distribution of marital assets.

In short, your spouse doesn't know what he's talking about.

[I cry_ in_the_dark]

Thanks Soc.

I'm not sure what she is doing, but she has tried to sign up for an account here and it's wanting a $25.00 fee.

Anyone?