Family Law Questions? Ask a Family Lawyer Online.
I'm Lucy, and I'd be happy to answer your questions today.
You and your spouse are free to agree in a divorce that each of you will keep your own 401(k) monies and not share with the other spouse. As long as you put the agreement in writing and both sign it, it will be upheld. The document has to be signed in front of a notary so neither of you can challenge the signature later.
The court has a settlement agreement form online that you can use if you'd like, and if you're able to agree on other issues as well. If not, you can type up something on your own that identifies the accounts in question (just so there's no dispute later), and that will be enforceable.
If you have any questions or concerns about what I've written, please reply so that I may address them. If I did not address the specific thing that you wanted to know, it may not have come across clearly to me, so please restate that question. It's important to me that you are 100% satisfied with the service I provide. Thank you.
A 401(k) is a retirement account. But you can edit that.
I would just change the form so it says you have retirement accounts (and anything else that's wrong). But if you prefer, you can type up your own settlement agreement that says exactly what you want it to say.