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I have a 401Kretirement plan and my spouse has a PERS retirement plan, can she still get half my 401K?

Naperville, IL |

My 401k is only around $200,000, I would think her plan is better than mine!!!

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Attorney answers 4


Why should she settle for only half?

You really need to talk with a lawyer . . . SOON.

The retirement funds are (presumably) marital assets. So, they are BOTH divisible by the court. Maybe they'll offset, maybe not. Maybe she;ll get more than half, maybe not.

You need a lawyer. You've got too much skin in the game to try to wing it on your own.


You can think whatever you want but all marital assets are subject to division. Speak with your lawyer and negotiate the best possible settlement. You are just as entitled to claim a part of the marital portion of your wife's PERS plan as she has to make a claim against your 401k. If you do not have a lawyer, now is the time to hire one.


The types of retirement accounts you are talking about are apples and oranges. You are each entitled as a starting point of 1/2 of the marital portion of retirement benefits earned during marriage. The 401(k) is simple to figure out. The PERS present value isn't as easy. You need to get an attorney for this one. You may be right, but maybe not.

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I would recommend talking to a divorce lawyer.