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

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

Posted

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 questions does not constitute an attorney-client relationship. Always see a lawyer about your individual situation.

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Posted

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 information based on the limited facts set out in the question, and does not constitute the giving of legal advice. For specific legal advice, consult an attorney in your state who is knowledgeable in this area of law.

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Howard M Lewis

Howard M Lewis

Posted

great counsel

Posted

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 questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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Posted

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 questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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Asker

Posted

Thank you all for your responses. It is appreciated. My question now is whether or not there is anything that can be done to bypass the step altogether instead of prolonging it further when my ex and i arent even worried about it? Is there any type of motion or waiver paperwork that can be filed to do so? Also, isnt it necessary for my ex to be present for all court appearances or is he just not there in the same courtroom because there was a restraining order previously filed against him? i havent seen him show up once.

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