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Old 04-17-2013, 09:46 PM
  # 35 (permalink)  
CharlieNoogan
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Originally Posted by FireSprite View Post
I may be wrong, but I work in the financial industry & my understanding is that you CAN'T roll a 401K to a 401K because those plans are actually separate entities set up by the sponsoring employer & not the same type of retirement structure as say, an IRA account.
You are wrong. 401(k)s are governed by federal regulation, so by nature they are the same type of retirement structure. Many employees who change employers simply roll their 401(k) from their previous employer to the one offered by their new employer. Chances are the new employer will not have the same investment options so the holdings in the first 401(k) will need to be liquidated prior to transfer (this is as opposed to a direct transfer).

Another thing to consider is the tax-advantaged status of the contributions. Pre-tax, or traditional 401(k) contributions can only be rolled to another traditional 401(k) to avoid paying income tax. Post-tax, or Roth 401(k) contributions likewise could only be rolled to another Roth 401(k). Most employers offer both kinds of accounts these days, so a pre-tax as well as a Roth balance is possible.

Many investment firms will sell you on the idea of rolling a 401(k) to an IRA account. This is because there are more fees to be made on behalf of the firm. The benefit to the investor with this strategy is an unlimited array of investment options, from mutual funds, to stocks, to REITs, to stock options, etc.

To the OP, glad to hear your attorney got smart about the 28%. WI sticks pretty hard and fast to the 50/50 marital asset rules.
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