Saturday, November 24, 2012

HOW MUCH OF MY 401K PLAN WILL MY SPOUSE GET?

QUESTION: In Missouri, I have been married 10 years but have had my 401k for 20 years. Will my spouse get it for only the 10 years we were married? ============================================== MY RESPONSE: If you are in Missouri, I don't know why you are asking that question to a California Family Lawyer. I know and practice only California Law. Were you divorcing in California, and were you married for 1/2 of the period during which you contributed to your 401K, your wife would have a 1/2 community interest in ONLY the 401K contributions made during the marriage until the date of separation plus or minus any gains or losses that occurred on the assets which were purchased with those contributions. Your wife would have no interest in the assets which were purchased with 401K contributions made before the marriage, and no interest in the assets which were purchased with 401K contributions after separation, both of which 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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