Legal Question in Family Law in California

My husband and I were divoced about 12 years ago. He had a 401k that was supposed to be split. We did not have the money to have the lawyers do the work at that time. I would like to get started on the process. Am I still able to have this split?


Asked on 9/08/09, 5:31 pm

1 Answer from Attorneys
Fred Begun Law Office of Fred C. Begun

You should consult with an attorney in the county where your divorce took place as there may be some special local court considerations. That being said, the short answer is maybe. If your Judgment specified a division of the 401K and gave certain facts, terms and conditions, then you should be able to get a Qualified Domestic Relations Order (QDRO) directing the division of the 401K. Even if the Judgment does not give that direction, you could go to court now and (or negotiate) a proper division of the community portion of the 401K. The only alternate concern is if the 401K is gone, through market losses, or simple use of the funds. Recovery may be possible, but yu must guard against throwing good money after bad.

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Answered on 9/08/09, 5:48 pm


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