Legal Question in Family Law in California

If the 401k was earned during the marriage prior to separation, it's community property, and she has a claim. If earned after separation, it separate property and she has no claim, unless you die before the dissolution of your marriage and have no will.

Another concern that affects the division of this 401(k) is whether or not some portion of the 401(k) was earned during the course of the marriage. Determining the value from date of marriage to date of separation may be required.