How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
Type Your Family Law Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

In Ca, if i divorce my husband, would i be entitled to 50%

This answer was rated:

In Ca, if i divorce my husband, would i be entitled to 50% of his 401K? all the 401K money were accumulate while we were married. Actually, we are married still, but i want to look into my options. Contributions and employer match were all his (I do not have a job)

Thank you for your question, Tania. Please permit me to assist you with your concerns.

To answer your question directly, provided all of the funds in this 401K was accumulated and invested while married, then under California community property laws you would be entitled to exactly half of that account. That would extend to any checking and savings accounts or any property you may have obtained while married together, even if titled under one person. Assets that would not be split 50/50 are any assets that were inherited by one person, any property from before marriage, and any property otherwise listed as separate based on prenuptial or postnuptial agreements.

Good luck.

Dimitry K., Esq. and 4 other Family Law Specialists are ready to help you

Related Family Law Questions