Legal Question in Family Law in California

In a divorce, is a spouse intitle to one's 401k savings?


Asked on 11/06/12, 2:09 pm

1 Answer from Attorneys

Some of them. If any of the 401k was earned before the marriage, that portion and any returns on it is separate property. Also, anything deposited after the official date of separation, and any returns on that is separate. But anything earned during the marriage and the returns on that, is community property the same as if it had just been left in your paycheck and deposited in a savings account.

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Answered on 11/06/12, 2:33 pm


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