How to protect 401(k) retirement from ex-spouse after 20 years of marriage?

Question

I have been married for twenty years and am concerned about protecting my 401(k) retirement payments from my ex-wife. I held the job with the 401(k) before we got married, and she has not contributed to it. There have been no court proceedings specifically addressing my retirement. How can I protect my 401(k) in this situation?

James L. Arrasmith · Answer

It's completely understandable to want clarity and protection when it comes to your retirement after such a long marriage. In Mississippi, any part of your 401(k) that was earned or accrued during the marriage is typically considered marital property, even if your spouse didn’t directly contribute to it. However, the portion that was earned before the marriage usually remains separate property—though you’ll need good records to prove that. 
 
Since there have been no court rulings yet, you still have the chance to protect the non-marital portion. Gathering old account statements from before the marriage can help establish the baseline value. If you go through divorce proceedings, the court may divide only the growth that occurred during the marriage. A Qualified Domestic Relations Order (QDRO) would be used if any portion is awarded to your ex, and it will spell out exactly what she’s entitled to receive. 
 
You can also explore negotiating a fair settlement that preserves more of your retirement in exchange for other assets. Whatever path you take, being organized and proactive makes a big difference. You’ve worked hard for your retirement—it makes sense to want to protect it thoughtfully.

Q: How to protect 401(k) retirement from ex-spouse after 20 years of marriage?