Legal Question in Family Law in California
Am I entitle to my spouse deferred savings? We've been married for over 21 years and we live in California.
1 Answer from Attorneys
Yes deferred compensation plans like 401k's are typically community property. So you would be entitled to half of the plan, or a fraction of it depending on what the amounts of the plan were at the time of marriage and at the time of separation. The longer the marriage the more that you would be entitled to the retirement account.
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/