When 401k is divided upon divorce do they use the amount as of the date of separation, the amount as of the time of divorce or the amount accrued during the marriage?
I am separated and will be filing in May. I also started a new job and have to roll over my 401k. Does it make more sense to just roll it over and do the QDRO or roll it over into two accounts and split it 50/50 based on the value on the date of separation?
If I do the QDRO as part of the divorce am I able to get my portion cashed out and avoid taxes or does she just receive her part tax free and I have to keep my portion in the 401k account? (basically want to be able to use my half of the 401k for moving, attorney etc.)