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Typically, you will keep that $300,000. The remaining $500,000 might be considered a marital asset and be distributed between you and your spouse. You might then agree to split that money 50/50 ...
If the assets in your 401(k) are subject to a qualified domestic relations order and need to be divided due to a divorce, the funds can be moved into an account for your former spouse.
A qualified domestic relations order (or QDRO, pronounced "cue-dro" or "qua-dro"), is a judicial order in the United States, entered as part of a property division in a divorce or legal separation that splits a retirement plan or pension plan by recognizing joint marital ownership interests in the plan, specifically the former spouse's interest in that spouse's share of the asset.
Unfortunately, due to disbursement rules on 401(k) accounts, you’ll still pay taxes and likely be hit with the penalty if you’re not 59½ with a hardship distribution.
The Employee Retirement Income Security Act of 1974 ( ERISA) ( Pub. L. 93–406, 88 Stat. 829, enacted September 2, 1974, codified in part at 29 U.S.C. ch. 18) is a U.S. federal tax and labor law that establishes minimum standards for pension plans in private industry. It contains rules on the federal income tax effects of transactions ...
401 (k) In the United States, a 401 (k) plan is an employer-sponsored, defined-contribution, personal pension (savings) account, as defined in subsection 401 (k) of the U.S. Internal Revenue Code. [1] Periodic employee contributions come directly out of their paychecks, and may be matched by the employer.
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