Hi Barb - I will also be receiving a portion of my stbx's 401K once the divorce is finalized. However, I have to have it rolled into my 401K to avoid any tax liabilities so I have been told. I know you mentioned in your post about there being no penalty when it split for divorce. I wanted to ask you more about that if you don't mind. I could really use a portion of it to payoff my credit card debt. I just have one and the payment is manageable but it would take a few years to pay it off and this is paying more the minimum payment. I didn't mean to get off topic there. Any way I just wanted to pick your brain again if you don't mind. Thanks - C

I discovered that I will, for sure, get 1/2 of WK's retirement. If he gets disability (SSDI), I'll receive half of that as well. Won't that just frost his backside.

ctwc, my attorney told me that there is special rules when you divide up 401K money and pension money. He had an acronym for it, but I forget what it is. But anyway, he said you can take some of it without penalty. I imagine we would have to count it as income on our taxes. I have to check on that for sure. My brother told me the same thing, and his son is a finance major that works in a bank, so there is another opinion. I imagine it is a federal law, not a state one, but you might need to ask someone for sure. hope that helps

I will thanks so much Barb!

I am so sorry to hear what is happening in your divorce. I was lucky, if you can call any of this lucky, my ex wanted to be with the OW so bad he would sign anything also my lawyer was a woman and she had been cheated on and divorced also. She was the best one to have because she knew exactly how I felt.
I get my full allamoney until I can officially retire at 65 and then he still have to pay me half of his military retirement. He also has to pay for my medical insurance and dental insurance....for ever!!! After he read the papers he was really mad that the following line was in there: even if Bridget gets remarried Cliff will continue to pay spousal support" He said thats not right so all I had to do was say, "Ok lets start the paperwork all oveer again" He said no I will sign them. I would love to fall in love with a great guy and send the ex an invitation with a little reminder that my new husband and I will be using his spousal support money to take nice vacations with.
I just want to see him suffer even a small fraction of what he has put me through this last year.
Good luck with your divorce and I hope the judge sees the light and gives you your fair share.
Bridget

Bridget, how did you get it in your divorce paper that he has to pay for your medical insurance? That is my big worry, when the papers are final I will be out of medical insurance and I have a serious illness which will leave me high and dry. One treatment is over 7000 and I have them every 8 weeks.....
Oh and his Arm,y retirement? My ex receives a Medical Retirement from the Army and I am hitting a road block on that as well...