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  1. #1
    Join Date
    Oct 2007
    Posts
    28

    Default Division of a 401k in Divorce

    Michigan - Ladyfriends' portion of her ex's 401k has been segregated via QDRO into her name in a money-market account (for safety/stability) at xyz fund management co. Question: Ladyfriend never had a 401k of her own - Is the money-market account automatically a "401k" because it was awarded from a 401k - or is it just a plane-jane investment without bankruptcy protection, etc.? In other words does she have to take action to make it an IRA, 401K, etc. or is it already a 401k? Thanks!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,025

    Default Re: Division of a 401k in Divorce

    If she does not properly execute a rollover she will incur tax liability and possible penalties. She should talk to her divorce lawyer or financial planner.

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