Posted by Hilary B. Miller, Esq. on July 21, 2003 at 08:28:36:
In Reply to: Half of 401K posted by David Anderson on July 21, 2003 at 06:27:49:
It's negotiable, but because (except for your contributions made after the "agreement") you didn't have anything to do with its increase or decrease in value (referred to as "passive" appreciation), generally she would get half as of the actual date of distribution to her -- which might be long after the divorce is finalized.