Do I get half of a 401k after marriage? 7 Answers as of May 31, 2011

My husband has 401k before marriage. After married he transfer 401k to a new account. Can I get half of it during divorce?

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Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
You may obtain 1/2 of any contributions, and the profits thereon to the 401k that were deposited DURING the marriage.
Answer Applies to: California
Replied: 5/31/2011
Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
No, you cannot. All property owned by him prior to marriage is his sole and separate property.
Answer Applies to: California
Replied: 5/27/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You are entitled to1/2 of the community interest in the 401K, not necessarily 1/2 of the entire plan. Assuming that all the contributions to the 401K plan were made during the marriage, you would get 1/2 to the plan assets. However, if some of the contributions were made by your husband before the marriage or after separation, those contributions are his separate property.
Answer Applies to: California
Replied: 5/27/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
You are entitled to one-half of the community portion of the 401(k). If there were no during marriage contributions, then you are not entitled to any of the 401(k). If you are in my area and are looking for an attorney, please contact me for a free consultation.
Answer Applies to: California
Replied: 5/27/2011
Komanapalli Massey LLP
Komanapalli Massey LLP | Mark A. Massey, Esq.
The funds in the 401k earned before marriage, along with interest earned on that amount remains his separate property to which you are not entitled a share, unless there is evidence to suggest he made a gift of that money to the community or you, some agreement between the two of you, oral or written. As for the funds deposited into the account with earnings he made during the marriage, those are half yours along with half the interest earned.
Answer Applies to: California
Replied: 5/27/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Unless you have a written agreement to the contrary, a spouse is entitled to half the accumulations and contributions in a retirement account, such as a 401k, from the date of marriage to the date of separation.
    Answer Applies to: California
    Replied: 5/27/2011
    The English Law Firm
    The English Law Firm | Robert English
    You would likely have a community property interest in the amount put into the 401K during the marriage. Any amount from before the marriage would be his separate property.
    Answer Applies to: California
    Replied: 5/27/2011
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