What happens to a 401(k) or pension plans or IRAs after a divorce depends upon a number of factors. One, how was the 401(k) or pension accrued? Was some of it earned before marriage, was some of it earned during marriage, was some of it earned after separation, if the answer is yes then there are three parts to each of those assets that must be sorted out. And everything is on the table for settlement negotiations and everything is before the court for distribution if you end up in trial.
