Legal Question in Family Law in California

Our legal separation date was 7/2000. I didnt pay attention and didnt go to the Default Hearing so my ex got a default judgment letting him keeps all of his 401K/IRAs and I keep mine. We had about the same values when we separated. Now i spent more than half of my 401K/IRA and I was able to get the judge to set aside the judgment. Am I entitled to half of his money (which had grew a lot because he's beeing working and never take any money out)? I don't have any papers to show how much i had in 2000, but he keeps all records of his accounts. Is the burden of proof on me?

Thanks.


Asked on 1/19/12, 2:13 pm

1 Answer from Attorneys

The burden of proof is entirely on you. In addition, you never had any right to anything he put into the 401k or IRA after the date of separation, or any return on those post-separation contributions - only the value at the time of separation. So if the values were the same at date of separation, there is nothing to prove.

Read more
Answered on 1/19/12, 2:31 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California