Legal Question in Family Law in California

Hi,

In our divorce settlement it was agreed that my ex-wives 403b would be QDRO and that I would receive 50% of the balance. The QDRO attorney sent a recent letter stating that my award would be $7,393 which is less than one-half. According to securities company the 403b account had a value of $2,800 before marriage and $19,750 at date of separation. The payments were $10,680 and the investment gain/loss was $6,500. Perhaps I am missing something but if the balance between DOM and DOS is $16,950 why am I receiving $7,393 and my ex is receiving $9,557 which is more than one-half? If community money was used to fund the 403b shouldn't my award be closer to $8,475? Many thanks...

Dob


Asked on 4/16/17, 7:16 pm

1 Answer from Attorneys

Because your spouse not only gets the $2,800 pre-marriage contribution as separate property, but also the investment gain on it. I'm not going to pull out a calculator and do the exact math, but $2,800 being a bit more than 20% of the contributions, roughly 20% of the $6,500 in investment gains is also separate property.

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Answered on 4/16/17, 10:30 pm


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