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AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 13551
Experience:  19+ Years of Legal Practice in Family law matters.
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i live in georgia. trowe price is my 401k people. she got half

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i live in georgia. trowe price is my 401k people. she got half of my 401 when we divorced. which was agreed upon at the time of the divorce. it was not an ugly divorce and we seem to actually be working it out really good and look like we are on the right track for our kids to get back together. is there a penalty for getting remarried or a time limit that we had to be divorced before we get remarried?
Hi, thanks for your inquiry! I have been practicing family law for 17+ years and have specific experience with issues like yours. That being said...

I am working on your answer and will post it shortly. Thank you for your patience.
Hi again, and thank you.

No, I am finding no law (past or new) indicating that Georgia has begun to penalize people for remarrying each other. (I suppose they think that you already paid a price when you got the divorce.) Or that at 401k gets penalized, which it doesn't. Did you have a particular penalty you thought may apply?

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Alexia Esq.


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Customer: replied 4 years ago.

thank you for your prompt response. i guess i am just wondering if there was a time line like a month or yr that we had to be divorced if that makes sense?

I understand! No, there is no time period minimum, with regard to your divorce agreement and marital property division.

However, under Social Security laws, there sometimes is. For instance, if you two were divorced for less than a year, sometimes they will count both marriage time periods towards a total married time together, when length of marriage is a factor for a benefit, for the purposes of determining if certain benefits would be payable (such as spousal or survival benefits. But in terms of honoring a divorce agreement, no.
You know, I should qualify that: If you have to pay, say, alimony, that would end upon HER remarriage typically. Also, child support would typically end if you remarried and lived together. But 401k spit? It is still hers, unless and until she puts it in a joint account for the purpose of sharing it.
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