Legal Question in Family Law in California

Does a marital bifurcation in California draw a line in the sand re: community property/debt? For example, will any 401k growth beyond that point in time still be community property?


Asked on 1/20/17, 6:57 am

1 Answer from Attorneys

Returns on community property become community property until divided. Contributions to a 401k, however, stopped being community property as of the date of actual separation, which is an issue of fact to be decided by the court if necessary, but generally is never later than the date the divorce was filed. The growth on post-separation contributions is also separate property.

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Answered on 1/20/17, 9:10 am


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