El Jebel, 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.

What you are entitled to receive depends upon the assets and debts that you and your husband own and whether you need alimony from him. Cheating is slightly relevant but it does not mean that you automatically get nothing.

It is not a big deal - we do it often. As long as you have lived here for more than 90 days, you file here and serve him in the other state. We often help with cases like this on a low-cost flat fee basis if you'd like assistance. I hope this helps.