When 401k is rolled over to a IRA

Married 28 years. My spouse rolled over his 401k from his old job to an IRA at First Citizens bank. We havent been doing well in our marriage and I think he rolled his 401k over to spite me. I know I was protected and would of inherited the 401k but can he leave me out as beneficiary of his IRA? Do I have any rights as the spouse? It is his 401k from our entire marriage.

In regards to a separation and divorce, the 401(k) is still marital property since it was acquired entirely during the marriage therefore, you are entitled to one-half of the marital value as of the date of separation, plus/minus any passive gains/losses on that amount.

He may be able to name anyone as the beneficiary.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Since IRA transfer doesn’t require QDRO, can it (IRA) get transferred to the spouse upon finalizing the separation agreement or the receiving spouse have to wait until divorce is granted? The percentage of transfer is listed in separation agreement.

You may or may not be able to transfer an IRA upon the execution of a separation agreement without a divorce. Some financial institutions will want a divorce and others will not. You’ll need to check with the specific financial institution.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.