Legal Question in Family Law in California
divorce
can he have access to my 401k
6 Answers from Attorneys
Re: divorce
It depends. Generally if you have no prenup and you acquired the asset during marriage then he woudl be entitled to the fraction accumulated during marriage divided by his community interest of 1/2.
Re: divorce
It depends. Generally if you have no prenup and you acquired the asset during marriage then he woudl be entitled to the fraction accumulated during marriage divided by his community interest of 1/2.
Re: divorce
It depends. Generally if you have no prenup and you acquired the asset during marriage then he woudl be entitled to the fraction accumulated during marriage divided by his community interest of 1/2.
Re: divorce
It depends. Generally if you have no prenup and you acquired the asset during marriage then he woudl be entitled to the fraction accumulated during marriage divided by his community interest of 1/2.
Re: divorce
It depends. Generally if you have no prenup and you acquired the asset during marriage then he woudl be entitled to the fraction accumulated during marriage divided by his community interest of 1/2.
Re: divorce
To the extent that your 401K was funded with money earned while you were married and if you do not have a prenuptial agreement to the contrary, then your spouse would have an interest in the account.
However, money that was in the account before marriage would be considered separate property.
Good Luck.