Legal Question in Family Law in Arizona

401 k

can my wife take half of my 401k that I recieved before we were married and half of my 401k that I recieved after we were married. And can she get half of my family inhertance that I recieved while married?


Asked on 7/31/06, 10:59 pm

1 Answer from Attorneys

Rich Peters R. J. Peters & Assoc., P.C.

Re: 401 k

Under normal circumstance, she is only entitled to 1/2 of the assets which accumulated DURING the marriage. She is not entitled to 1/2 of assets that were in existence at the time of the marriage. AND, those assets should accrue a reasonable rate of return during the marriage.

Anything received by inheritance should remain your sole and separate property so long as you took no steps to change its character (i.e. deposited it into a joint bank account).

I can explain the issues better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Alicia to schedule a free 1/2 hour consultation.

/s/ Rich J. Peters, Attorney

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R. J. PETERS & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602x254x7251

602x254x1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 8/01/06, 12:59 pm


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