can my boss keep me from cashing his half of my 401k till I quit or retire or terinated?

jillybeansisme answered 3 weeks ago …

There are laws that govern the 401Ks. It depends on the Company Investment Plan. What you seem to be talking about is the company match portion. Does your company have a vesting plan? Alot of times it is 0% vested for the first 2 years, 20% in year 3, 40% in year 4, 60% in year 5, 80% in year 6, and 100% in year 7. It is not "his half vs. your half." If you leave and you are not vested in the company match portion, that portion in which you are NOT vested returns to the company. You do not get to cash it out at a later date. Some plans have you 100% vested within three years. You'll have to find out from the plan itself.

Any portion you are vested in can go with you, but make sure you do a direct roll over or your withdrawal will have 30% withheld for taxes and penalties and if you don't make up that 30% plus the 70% you received within 60 days, you lose.