Legal Question in Family Law in Louisiana
My Boyfriend is going through a divorce with two minor children. His ex is entitled to a large sum of half of his 401K. He already pays her a large child support amount which he pays faithfully on the 1st and 15th of each month, plus full medical benefits, plus ALL of their extra curricular activities.
They sold their house and split the equity and she got more of the equity than he did, and she has an inheritance that is almost the same amout of his entire 401K and she is still requesting 1/2 of the 401K. My question is, can he request from the judge to keep his 401K since she has that same amount in an inheritance fund and he has none in savings?
and I also read that if his 401K is regulated by Federal Laws then it trumps community property laws and cannot be considered for community property. Is that true or false?
2 Answers from Attorneys
The contributions to a 401K during the marriage are community property. Ultimately, a Qualified Domestic Relations Order (QDRO) will have to be executed, dividing the property. I suggest he contact an attorney very soon.
I would add that her inheritance is separate property. He has no reason to complain.
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