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Her attorney can ask for a portion of your 401k to be transferred to her through a Domestic Relations Order (DRO). This will have to approved by the court and contain specific information; then it becomes a Qualified Domestic Relations Order (QDRO) and your 401k has to follow the directions in that order and transfer the amount indicated out of your account and create her own account. Typically it is 50% of your account balance during the time of your marriage plus any earnings until the date of distribution (transfer to her).

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Q: What will happen to your 401k if you divorce your wife?
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