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Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5749
Experience:  20 years of professional experience
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if i received 1/2 of my hubands 401k through a divorce settlement

Customer Question

if i received 1/2 of my huband's 401k through a divorce settlement and then claim bankrupcy is that money in jeopordy of being taken away from me?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Maverick replied 7 years ago.

This is a complicated issue and the closest case I found to address is at the link below:


It appears to indicate that since CA exempts retirement plans under section 740.115 , that you should be allowed to do the same since your are in a way a beneficiary of a plan that your husband had. However, this is an obsure and highly specialized issue that may need to be tested in the CA court system before you know what the true outcome is.

Please click "Accept" so that I can get credit for this answer. We can continue our conversation after that at no additional charge.


Customer: replied 7 years ago.
so really there is no concrete yes or no answer. i will have to investigate this issue more on my own.
Expert:  Maverick replied 7 years ago.
Yes, I am sorry , I tried. I understand if you do not want to pay.

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