Friday, August 26, 2011

IS MY HUSBAND ENTITLED TO HALF OF MY 401K PLAN?


QUESTION: If my husband and I get a divorce is he entitled to half of my 401k? We were previously married for 25 years and got a divorce for about 6 months, after which we got remarried and we have been married for about 3 more years. Would this make a difference? In our first divorce, he didnt want anything but now he is demanding half of my 401k.

MY RESPONSE:

Your husband is entitled to half of the community interest in your 401K plan, i.e, half of the 401K investments that were made in your second marriage to him.

If you were a participant in that plan prior to your current marriage, the contributions into that plan prior to your current marriage that were made during your prior marriage are your separate property if they were awarded to you in your first divorce.

However, if your 401K plan wasn’t awarded to you as your separate property in the first divorce, your husband can request that the Court divide the prior 401K investments made during your first marriage as an omitted asset.

The contributions into your 401K plan subsequent to your separation from your husband (if you have separated from him) are your separate property.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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