Hello and thank you for allowing me the opportunity to assist you.
It doesn't make sense that the wife wouldn't be entitled to part of the 401k. After all, it was partially funded with community property
(i.e., income that he earned during the marriage
was marital property, and thus, his 7% contributions were marital property).
Generally speaking, the judge would distinguish between the separate part of the 401k and the community part. So, the judge would likely rule that the $80k plus any returns on the $80k are separate. The 7% contributions would be community, as well as any returns on those funds. Ideally, your friend would have evidence presented by an expert witness with regard to the paper trail and how the funds should be determined as either separate or marital. The wife would likely be entitled to 50% of the community portion.
I don't know why the attorney would say that the wife is entitled to nothing, which doesn't make sense. I suspect that there may have been a miscommunication.
Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated.
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