Legal Question in Family Law in California

I Am married but have not been with my wife for 5 years. I have a 401 k that I have my son add a beneficiary. If I die does my wife have any legal rights to that


Asked on 1/28/15, 6:30 pm

2 Answers from Attorneys
Gary R. White Burton & White

If the 401k was earned during the marriage prior to separation, it's community property, and she has a claim. If earned after separation, it separate property and she has no claim, unless you die before the dissolution of your marriage and have no will.

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Answered on 1/29/15, 3:40 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

Another concern that affects the division of this 401(k) is whether or not some portion of the 401(k) was earned during the course of the marriage. Determining the value from date of marriage to date of separation may be required.

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Answered on 2/04/15, 2:20 pm


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