Can 401K Be Split In Divorce? 
NO , 401 -LRB- k -RRB- can not be split into 2 separate 401 -LRB- k -RRB- accounts in a Divorce however , the courts can tell you that half of the funds need to be paid to your divorcing spouse . You can either withdraw the money , remember the tax implications , or find another way to get the money to the divorcing spouse . You may not have any choice . If you do liquidate , be sure to share the tax liability here . In other words , since the owner of the 401 -LRB- k -RRB- will get the tax bill , be sure to have in written form the liability will be split . 