Legal Question in Family Law in California

She would be entitled to half of any portion of the retirement earned during the marriage.

I disagree with Ms. Kock in part. The key dates are the date of marriage and the date of separation coupled with intent never to reconcile. If you file for divorce, your wife's lawyer will argue that the date you decided never to reconcile is around the time you filed. If you have evidence that you and/or she knew you were done for good years ago, however, the court may find the marital community ended then. Whatever the time-frame, however, Ms. Kock is right that she is entitled to half of what went into the 401k during the existence of the marital community, plus any earnings on those funds.