Eagle, CO Divorce Law Firms & Lawyers

The best way to protect your 401k would be to have a pre-nuptual agreement that specifies that your 401k is separate property in the event of a divorce. If you don't have a prenup, there are a few things you can do to protect your 401(k) from being awarded to your soon-to-be former spouse. First, stop making voluntary contributions to your 401(k) as soon as you are legally permitted to do so. Consult with a family law attorney in your jurisdiction before taking any action, but stop contributing as soon as you are legally permitted under the divorce laws in your state. Divorce cases can drag on for years, and I many people become unhappy that contributions made long after their separation are still considered marital property. Another way to preserve at least some of your 401(k) is to push to exclude the funds that were in the account before you were married. This depends a lot on circumstances and state law, but many people don't realize that it is possible to divide only the funds that were contributed during the marriage and leave the pre-marital portion to the spouse who earned it before the marriage. Maintain your 401(k) account records carefully so you can easily prove how much it was worth before you walked down the aisle. As with so many things in life, thinking ahead and being thorough can make all the difference in determining whether you keep your 401(k) after the divorce. The process for protecting an IRA would be the same.

If you want to drag it out, don't file for divorce. Let him file, then ask for spousal support and attorney fees. If he doesn't want you, he's not worth having.

What you get depends upon the negotiation between your lawyer and your husband's or the court. Normally you could expect a portion of all assets acquired during marriage including bank accounts and pension funds. Half is common, but not mandatory.