How can I get a legal separation? 2 Answers as of June 16, 2011

Married 30 yrs. Husband refuses to work, and hasn't worked for about 10 yrs Husband has BA degree in engineerin from before we were married. I have an AA degree from before we were married. No children. If I finally decide to pursue a Legal Separation will he get 1/2 of my 401K, etc, even though his lack of work had nothing to do with my work and I would have moved to if necessary? And he clearly knew it was not okay with me.

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
In a divorce or legal separation, the Court divides the net community property 50/50 between the parties. Your 401K is one of the assets that make up the net community property, so it would ordinarily be divided via a QDRO in a divorce or legal separation. The fact that you earned your 401K during the marriage is immaterial, since each party's income during the marriage is community property. To the extent of contributions to your 401K during the marriage, those contributions (and any company matching contributions) are community property.
Answer Applies to: California
Replied: 6/16/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
You don't get to deny him half of the community property because he was lazy, unfortunately. If you didn't like it, the best move would have been to get a legal separation or divorce years ago. You cannot change the past, however, so you are stuck with the results. If you are in my area and are looking for an attorney, please contact me for a free consultation.
Answer Applies to: California
Replied: 6/16/2011
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