401K retirement and date of separation?


#1

It depends on what your agreement says, the agreement should specify whether you get gains or losses on your percentage of the retirement account. If there is no agreement yet then generally the party receiving the funds receives interest gains and losses on that portion.

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#2

With the current turn of the economy, I am concerned about my percentage of my stbx’s retirement fund. I know that I am legally entitled to approximately 30 percent of the fund, but will that be 30 percent of the amount of the fund on date of separation which was November 2007? Or 30 percent of the fund on date of ED which has yet to be determined?