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.


Asked on 2/15/11, 1:40 pm

1 Answer from Attorneys

James Chau Law Offices James Chau

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/

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Answered on 3/06/11, 2:58 pm


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