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LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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FOR LegalGems: Its official documented on FL-180 Judement

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FOR LegalGems: It's official documented on FL-180 Judement that I married on 8/1994 in CA, seperated 4/1996, divorced official on 3/2004 in CA. We were on and off relationship several times between 4/1996-3/2004, that was why he fathered my daughter who was born in May 2000. Since you are practicing laws in CA, please clarify the date that CA laws calculated for 401k or property division, here is my question:

Am I entitled to 50% of his 401k starting from 8/1994 to 4/1996 at the time of offical seperated? OR from 8/1994 to 3/2004 at the time of completed divorce?

LegalGems :

Good Day! I'm a Family Law expert here at JA and will do my best to assist you. Please remember, though, I can only provide general information.

LegalGems :

Hello again; thank you kindly for requesting me! California goes by the date of physical separation, not legal separation, and not divorce. So for example, if you were married and lived together from 8/94-4/96, these would be the dates for community property interests; however, if you married and lived together from 8/94-12/95, one of you moved out 12/95, and then one filed for divorce on 4/96, the relevant date would be 8/94-12/95. So again, date of marriage until date of physical separation. It is of course totally possible that the date of legal separation (filing) and the date of physical separation (moving out) are the same - I just wanted to clarify.


thank you so much.

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