Legal Question in Family Law in California

divorce

can he have access to my 401k


Asked on 3/10/09, 2:21 am

6 Answers from Attorneys

Mark Russakow Russakow, Ryan and Johnson

Re: divorce

It depends. Generally if you have no prenup and you acquired the asset during marriage then he woudl be entitled to the fraction accumulated during marriage divided by his community interest of 1/2.

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Answered on 3/10/09, 11:51 am
Mark Russakow Russakow, Ryan and Johnson

Re: divorce

It depends. Generally if you have no prenup and you acquired the asset during marriage then he woudl be entitled to the fraction accumulated during marriage divided by his community interest of 1/2.

Read more
Answered on 3/10/09, 11:51 am
Mark Russakow Russakow, Ryan and Johnson

Re: divorce

It depends. Generally if you have no prenup and you acquired the asset during marriage then he woudl be entitled to the fraction accumulated during marriage divided by his community interest of 1/2.

Read more
Answered on 3/10/09, 11:51 am
Mark Russakow Russakow, Ryan and Johnson

Re: divorce

It depends. Generally if you have no prenup and you acquired the asset during marriage then he woudl be entitled to the fraction accumulated during marriage divided by his community interest of 1/2.

Read more
Answered on 3/10/09, 11:51 am
Mark Russakow Russakow, Ryan and Johnson

Re: divorce

It depends. Generally if you have no prenup and you acquired the asset during marriage then he woudl be entitled to the fraction accumulated during marriage divided by his community interest of 1/2.

Read more
Answered on 3/10/09, 11:51 am
George Moschopoulos The Law Office of George Moschopoulos

Re: divorce

To the extent that your 401K was funded with money earned while you were married and if you do not have a prenuptial agreement to the contrary, then your spouse would have an interest in the account.

However, money that was in the account before marriage would be considered separate property.

Good Luck.

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Answered on 3/10/09, 2:34 am


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