Am I entitled to my spouse's 401K plan if we divorced? 11 Answers as of May 30, 2013

Am I entitled to my spouse's 401K plan if we divorce

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Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
It all depends on the facts of the divorce.When did the 401k start? Do you also have a 401K?
Answer Applies to: California
Replied: 5/30/2013
Law Office of Daniel B. Rubanowitz, APC
Law Office of Daniel B. Rubanowitz, APC | Daniel B. Rubanowitz
If the 401K is established/acquired during marriage, then it is likely to be considered community property which should arguably be divided equally. Every case has different facts which may impact the Court's ruling on this issue. You should consult with a Family Law Attorney.
Answer Applies to: California
Replied: 4/24/2012
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
It depends upon when contributions to the plan were made.
Answer Applies to: California
Replied: 4/24/2012
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
You are entitled to one half of what was contributed during the marriage, absent a written agreement to the contrary.
Answer Applies to: California
Replied: 4/24/2012
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
You are entitled to one half of the accumulation during the time of the marriage. So, you get one half of what was contributed during the marriage and the appreciation of those acquisitions.
Answer Applies to: California
Replied: 4/24/2012
    Law Offices of Frances Headley | Frances Headley
    If the 401k has been funded at least in part with income earned during the marriage then it is going to be a community asset to the extent of that contribution. You are entitled to one half of the community interest.
    Answer Applies to: California
    Replied: 4/24/2012
    Law Office of Jane E. Ginsburg
    Law Office of Jane E. Ginsburg | Jane Ginsburg
    The part of the 401(k) that was earned during marriage is normally community property of which you are entitled to 1/2.
    Answer Applies to: California
    Replied: 4/24/2012
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Any earnings acquired during the marriage is presumed community. The portion of the 401k plan earned during your marriage is community.
    Answer Applies to: California
    Replied: 4/24/2012
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    You are entitled to one half of the value from the date of marriage to the the date of separation.
    Answer Applies to: California
    Replied: 4/24/2012
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    If there is no premarital agreement stating otherwise, then yes, you're entitled to any community share that has accumulated from the date of marriage through the date of separation. Best to call a local family law lawyer to discuss the particular facts of your case and learn your rights.
    Answer Applies to: California
    Replied: 4/24/2012
    Ahluwalia Law P.C.
    Ahluwalia Law P.C. | Madan Ahluwalia
    401(k) is part of the "property" in a marriage. California is a community property state. In a community property state, property is classified as either community property or separate property. Community property is everything that a husband and wife own together from the start of their marriage until the date they separate. Generally, community property includes all income and assets that either spouse acquired during the marriage. Depending upon when the 401 (k) plan started and how much money from community property went into this asset, you may or may not be entitled.
    Answer Applies to: California
    Replied: 4/24/2012
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