Can your spouse go after your retirement in a divorce? 2 Answers as of September 14, 2016

I have a 401k I had before I got married. Is she entitled to it?

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Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
As long as all the earnings were acquired prior to marriage, she has no legal right to it.
Answer Applies to: California
Replied: 9/14/2016
Peyton and Associates | Barbara Peyton
If it was all acquired before marriage, it is your separate property. If it was partially acquired before marriage and partially during marriage, it belongs partly to you and partly to the community. The part that was acquired during marriage is subject to division in a divorce.
Answer Applies to: California
Replied: 9/13/2016
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