Legal Question in Family Law in California

California Divorce Law regarding 457K

My husband believes that I have no legal right to his 457K and that he has no right to mine. However, his contributions and interest earned to his 457K during the course of our marriage is tens of thousands of dollars more than mine. Am I legally entitled to any of his since it is so much more than mine?


Asked on 9/30/07, 12:19 am

1 Answer from Attorneys
Elizabeth L. MacDowell Law Office of Elizabeth L. MacDowell

Re: California Divorce Law regarding 457K

All earnings during marriage (your's and his) are community property and would normally be divided 50/50 in the divorce process. You should consult with and retain an attorney who can help you protect your interest in your husband's retirement plan, and advise you of your rights generally. There are specific procedures that must be followed in order to divide a retirement plan.

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Answered on 9/30/07, 2:44 am


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