Legal Question in Family Law in Washington

401K and Divorce Proceedings

I was awarded half of my former husband's 401K during our divorce. The amount is still being established, there is no separate account yet, and I just filed for divorce from my second husband.

Can any of this 401K, WHEN and IF it becomes available to me, at any time during this divorce proceeding, be considered community property?


Asked on 2/02/08, 7:18 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: 401K and Divorce Proceedings

It would not be community property, but it would be considered by the court in allocation of assets, i.e. you may receive less of some other assets because you have that asset.

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Answered on 2/02/08, 9:15 pm


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