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Is there a way to protect my 401k in the event of a divorce? Other than having a prenup... I'm not married (although I am considering it)

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Divorce rates have been dropping for decades, some researchers believe that baby boomers and older GenXers are more predisposed to divorce rates due to an "older" socio-cultural mentality and the impact of ultra feminism in the 70s and 80s. Also older generations aren't as touchy feely about their emotions as younger genXers and millenials. BecUse younger generations are generally more prone to "talking it out" divorces rates have been dropping. So quit planning for divorce before it's happens, dooming it to fail before it begins, plus that's what good attorneys are for. But if you really are afraid sign a fidelity clause

SC1 you're definitely right on the pre-marriage counseling. OP you have to sit down, hopefully with some wine or other drink of choice, and have a long conversation with your SO. It should span finances and how both of you contribute, family planning, religion (if different or applicable), career goals, and what constitutes success in each of your lives. Find out what is the deal breaker(s) for each of you. A pre-nup is something I find silly. It then again I'm not ridiculously wealthy, my wife and I are early in our careers and come from nothing, what we have is what we build and we keep our finances separate, with the exception of a joint banking account where we each contribute a percentage for joint expenses. I strongly urge you to not think of what ifs because it may well lead to a self fulfilling prophecy

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Hetero lady here: wouldn't marry a dude without a prenup if my life depended on it. You're going into an agreement with a 50% failure rate, and you need to look out for you. Prenup or bust.

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Get the damn pre nup

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This is not a good sign.

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It's not protected during a divorce. Even a pre-nip won't protect 401k contributions made during the period you are married. Best way to protect your 401k during a divorce is to not get married. And that's what you should do if you are thinking this way now.

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Just marry someone way richer than you. Problem solved

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Why think about the end when it's only the beginning?

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Can't stress pre nup enough. Not having one costs me $5k a month. Net.

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@BA 👏

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Need more D1's out there

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Ha @BA posting huffpost as reputable.

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And finally Pew, http://www.pewresearch.org/daily-number/risk-of-divorce/

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Can't a pre-nup protect a 401k contributions made during marriage if that's part of the contract?

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Depending on the state, prenups can be entirely tossed out. They can be completely ignored. That's what happens in Georgia. My brothers gone through it twice.

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Premarital assets remain yours alone. Anything contributed after the marriage is up for grabs.

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401k is not protected... look up QDRO. Saw this all the time as an investment advisor. Not sure about prenup.

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https://www.cdc.gov/nchs/fastats/marriage-divorce.htm

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http://www.gallup.com/poll/11161/divorce-doesnt-last.aspx

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You need legal advice. If it's that much, I wouldn't take advice in this forum. And don't forget the pre-marriage counseling.

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If your relationship isn't strong enough to talk about the prenup the. You guys aren't ready to be married yet. You'll need to have much more difficult talks than that down the road.

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@BA ok even 30% is still not low enough to risk a marriage without a prenup. If I told you to send an email that only had a 30% chance of getting you fired, would you do it?

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