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Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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can i force my employer to distribute my 401k to pay all

Customer Question

debts my wife and i owe because we are getting divorced.
Submitted: 9 years ago.
Category: Family Law
Expert:  Ellen replied 9 years ago.

Hello,

Thank you for your question. I am happy to assist you.

If you are fully vested in your plan, you can ask the court to issue an order directing your employer to distribute the funds.

I hope that the information which I provided was helpful to you.

Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.

Thank you,
FLAandNYLAWYER

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Customer: replied 9 years ago.
what if i am not fully vested yet? i think im only 70% now.
Expert:  Ellen replied 9 years ago.
Hello,

Unfortunately the employer cannot be required to make a distribution until you are fully vested unless you have a written agreement with the employer stating otherwise.

Sorry.

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THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE