401K PLAN AND DIVORCE 6 Answers as of December 09, 2010

If my spouse waives his right to my 401k plan, is there any circumstance that the court will still award him half or a portion of my 401k plan?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If, in a stipulated judgment, after final declarations of disclosure have been exchanged, your spouse waives his interest in your 401K plan, the court would not award him a portion of your 401K plan. However, if you have a spousal support or child support obligation to him, and fail to pay it, your spouse could obtain a support QDRO against your 401K plan. Also, how and when the waiver is done could affect whether or not it is enforceable. You would best be represented by a knowledgeable family law attorney in your divorce case.
Answer Applies to: California
Replied: 12/6/2010
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
if the waiver is written properly, then no.
Answer Applies to: California
Replied: 12/6/2010
Naziri Hanassab LLP
Naziri Hanassab LLP | Vahid Naziri
The default answer is no...you and your spouse are able to negotiate the terms of your marriage and as long as reasonable, then that is fine.
Answer Applies to: California
Replied: 12/6/2010
Michael Apicella
Michael Apicella | Apicella Law and Mediation
Assuming all your disclosures were done properly, and he waives his right to any interest, whether past, present, or future, to your 401(k) as part of your written settlement agreement, and makes such waiver knowingly, intelligently, and without any kind of undue influence, duress, fraud, etc., then the answer is "no," the court will not award him any portion of your 401(k) post final judgment of dissolution.
Answer Applies to: California
Replied: 12/6/2010
Goldberg Jones
Goldberg Jones | Zephyr Hill
No. If you do the disclosures and waiver properly, everything should work out fine.
Answer Applies to: California
Replied: 12/6/2010
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