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401k Contribution Post Seperation Date

San Jose, CA |

Does my ex entitle to the 401k contribution that I put in the plan after the seperation date on top of what I accumulated during the marriage? Should the amount establish base in the seperation date.

Attorney Answers 2


  1. Best answer

    I agree with the previous answer - contributions after your date of separation should be your separate property. Usually, in order for your ex to receive a portion of your 401k a QDRO will need to be prepared. You can read more about QDROs for 401k plans at the link below.

    Answers have been prepared for informational purposes only and should not be construed as legal advice. An answer posted on this website is not intended to create, and receipt of it does not constitute, an attorney-client relationship, and readers should not act upon it without seeking professional counsel.


  2. Your wife will have a percentage interest in your plan based upon the amount of time
    from your marriage to your date of separation. The amount contributed after separation is separate property contributions. The division will be determined by California State order that must be in compliance with Federal Erisa standards.

    This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.

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