401K and Divorce, can a spouse get part of the other spouses 401K in the state of Ga?

We have been married 20 yrs and its over. Its been a quite and mutual agreement. I spoke of my 401k money and she replied that she could get some of my 401k by law. Is this true? We have both used the money in loans over the years, so its not like it will be the first time money was ever removed from it.401K and Divorce, can a spouse get part of the other spouses 401K in the state of Ga?
She can be awarded part of it.401K and Divorce, can a spouse get part of the other spouses 401K in the state of Ga?
If you started this 401K plan after you were married it is considered part of the ';marital'; assets and she is entitled to half. Which one of you has taken money out of it is irrelevant. The law acknowledges a loan (borrowing from the 401K) from one spouse as a loan by both spouses and so both are equally responsible.
It's really up to the final divorce decree. In the event you end up in court the judge may impose a QDRO ( Qualified Domestic Relations Order) this document requires that the 401(k) be dispersed accordingly.
Yes she will and whatever you had together over the 20 years is a joint issue. remember too that there is a lot of anger in a divorce on both sides - money is never the issue. Restitution yes, pride yes, ego yes but the root in not the money. Take care.
After 20 years she can get half by law. As well as half of everything else down to the dishes.
You really should be talking to your lawyer, and not asking a bunch of yahoo's.
Yes she can get some of you 401 k along with some social security when she is older.
again, no safe bets.... if you had kids and she didn't work and stayed home a while with them, yes, she can possibly get half

covergirl

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