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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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In Ca, if i divorce my husband, would i be entitled to 50%

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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.

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