Why is my divorce attorney so concerned in my 401k?

Asked over 2 years ago - Fremont, CA

We are at the final step of the divorce but my lawyer has been asking me for my 401k info. For some reason and I dOnt understand why bc my ex and I have nothing to split up financially and have no problem with that between each other either. My attorney mentioned that she will be requesting 10k from the judge on behalf of myself to be paid by my ex husband. I am not asking him for anything nOr do I want anything so why is she so insistent on obtaining access to my 401k? I have paid all of my attorney fees

Attorney answers (4)

  1. Howard M Lewis

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    Contributor Level 20

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    Answered . I am sorry this is causing you such stress. It is most likely a procedural matter required by the court given that California is a community property state and any assets aquired during the marriage need to be divided absent a couple of exceptions. I wouldn't overly concern yourself with it, it is part of the process. Take care and good luck.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Howard M Lewis

    Pro

    Contributor Level 20

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    Answered . I am sorry this is causing you such stress. It is most likely a procedural matter required by the court given that California is a community property state and any assets aquired during the marriage need to be divided absent a couple of exceptions. I wouldn't overly concern yourself with it, it is part of the process. Take care and good luck.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  3. Michael John Harrington

    Contributor Level 17

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    Answered . All property (assets and debts) are disclosed in the property declaration, non disclosure may have consequences ( they constitute an omitted asset or debt subject to possible post judgement awards/division) even if there is a settlement, non disclosure issues leave an opening or loophole in a settlement; further it may be that a portion of the 401K is marital property (the portion earned during marriage as a pro rate share of the total number of years the 401K was accumulated).

    The answers on this discussion board are general in nature and NOT intended as legal advice. Responding to... more
  4. Marilyn Hamilton

    Contributor Level 13

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    Answered . You need to address your questions to your attorney. I am not licensed in your state, but can give general information. California is a community property state. All assets acquired during the marriage (except by gift or inheritance) are considered "community property" and, in a divorce, are to be split equally. Pension funds and retirement funds accumulated during the marriage may be community property, subject to being divided between the parties. It may even be a court rule that all such property be disclosed to the Judge; that is typically required by the Judge.

    This communication does not establish an attorney-client relationship. This communication offers general... more

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