• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

How would my 401K be divided??

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Torakki

Member
What is the name of your state?What is the name of your state?ca
I wondering how my 401K will be divided in my divorce, from a 15 year job. I was only married for the last 5 years of this job but investing into the account for 10 years "before" my marriage started. So, after 5 years with the company, I'm fully vested for the last 10 years of employment. My ex is claiming that she is intitled to half of 5/10 (5 of 10 years vested) instead of 5/15 (5 of 15 years investing). In other words, if there is $50k earned over 15 years, she is saying it was earned over 10 years (10 years vested). Therefore she gets a bigger chunk of the money.
What is the correct way to divide this? Thanks for any help.
 


LdiJ

Senior Member
Torakki said:
What is the name of your state?What is the name of your state?ca
I wondering how my 401K will be divided in my divorce, from a 15 year job. I was only married for the last 5 years of this job but investing into the account for 10 years "before" my marriage started. So, after 5 years with the company, I'm fully vested for the last 10 years of employment. My ex is claiming that she is intitled to half of 5/10 (5 of 10 years vested) instead of 5/15 (5 of 15 years investing). In other words, if there is $50k earned over 15 years, she is saying it was earned over 10 years (10 years vested). Therefore she gets a bigger chunk of the money.
What is the correct way to divide this? Thanks for any help.
Well...in any other state but CA I would say that she gets half of the increase in value that happened during the marriage. However you are in CA, which is a community property state...so it may be different.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top