Legal Question in Family Law in California

My divorce was final 3-24-09, and as part of the settlement my x wife was awarded a portion of my 401 K. it has still not been divided. Does that judgment ever expire?


Asked on 1/31/11, 6:16 am

1 Answer from Attorneys

James Chau Law Offices James Chau

Judgments do not expire and they are non modifieable. Just because the 401k was not divided yet, does not mean she does not have a right to get at it. You should work are finalizing that transfer quickly so that you can be done and live your completely separate lives. You should consult with a deferred comp lawyer specialist that typically write the orders to divide them, or get a buy out amount your wife will agree to and sign off on, that she would accept for her share of the 401k.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 2/04/11, 10:56 am


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