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Baginski Brandt & Brandt Port St. Lucie Criminal & Family Attorneys
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What happens to retirement funds and 401(k) plans in a divorce?

In the event of a divorce, your retirement plans, 401(k)s, or the like will be divided. How are they divided? The funds that were accumulated during the marriage are divided evenly. What’s accumulated before is yours. What’s accumulated after the filing is yours, but the funds that were contributed to your retirement during the term of your marriage will be divided equally, and an order will be prepared directing the financial institution that holds those funds to divide them. That would be a non-taxable event so that there isn’t any waste in the division of those funds.

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