Legal Question in Family Law in California

Retirement Plan & Prenuptial Agreement

To my understanding, I should list my future spouse as the beneficiary in my current 401K plan. When preparing a prenuptial agreement now, do I treat my 401k plan as a separate property? After the marriage, my 401k plan remains a separate property even though she is the beneficiary?


Asked on 7/13/07, 5:11 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Retirement Plan & Prenuptial Agreement

Listing her as a beneficiary on your 401k should not convert it to community property. However, all contributions from your wages to the 401k after marriage would be community property. This area of the law is complex and you would benefit from discussing this with an attorney.

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Answered on 7/17/07, 6:08 am


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