How can I keep my 401k and my pension without her taking half? 3 Answers as of May 15, 2017

My wife and I are going to be getting a divorce.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Gerard A Fierro
Law Offices of Gerard A Fierro | Gerard A Fierro
We would first need to examine what portion of the retirement accounts are community. The community interest is then divided between the two spouses. It is possible for your to be awarded your retirement accounts by agreement, or by a buy-out, or by assigning other assets to the other spouse or by your being assigned additional debt to offset.
Answer Applies to: California
Replied: 5/15/2017
Peyton and Associates | Barbara Peyton
You can off set their value with some other asset. Otherwise she is entitled to one half of all assets acquired during marriage.
Answer Applies to: California
Replied: 5/9/2017
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Any portion of the 401(k) that was earned during the course of the marriage (absent a properly prepared prenuptial agreement to the contrary) is community property. Please meet with an experienced family law attorney to explore your options.
Answer Applies to: California
Replied: 5/9/2017
Click to View More Answers: