QUESTION
At what point does my husband's entitlement to my 401K end?
Asked on Nov 19th, 2013 on Divorce - California
More details to this question:
Husband left in November 2011. I plan to file for divorce. At what point does his entitlement to my 401K end? When he left? When I file for divorce? Or when the divorce is final which will probably be two years because he will not sign?
11 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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In Arizona the general rule is that the point in time when the petition for dissolution is served severs the marital community for purposes of newly acquired assets.
Answered on Nov 21st, 2013 at 11:51 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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His entitlement ends when you are divorced, so the sooner you file, the better.
Answered on Nov 21st, 2013 at 11:51 AM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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In Texas, generally when the divorce is final, but you don't need his signature to get a divorce in less than two years unless you try to do it on your own. Hire a lawyer. It will be worth the money.
Answered on Nov 21st, 2013 at 11:51 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Typically, in Florida, the determination of the value of marital assets (such as the 401k) is from the date of the marriage to the date of the filing for divorce. Anything accrued during that period is considered a marital asset subject to equitable distribution. You should consult with and retain an attorney to assist you in best determining your potential rights and options if you are potentially facing divorce.
Answered on Nov 21st, 2013 at 11:50 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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That will be determined by the Judge, and is most commonly the date the divorce is final. Get an attorney and get on with it.
Answered on Nov 21st, 2013 at 11:50 AM
His community property interest is from date of marriage to date of separation. Separation may be the date he left.
Answered on Nov 21st, 2013 at 11:50 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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The answer is it will probably depend on the Judge. It certainly makes the most sense that his entitlement end when the two of you physically separated.
Answered on Nov 21st, 2013 at 11:49 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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It's safest to opine that it is when the divorce is final. But you can negotiate a sooner date.
Answered on Nov 21st, 2013 at 11:49 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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The decision as to valuation of retirement assets is up to the Judge. The statute says the Judge can choose the date of separation, date of filing the dissolution or the date of trial. If the parties can agree as to the date the Judge will usually accept that agreement.
Answered on Nov 21st, 2013 at 11:48 AM
Your husband's interest will be calculated from the time of your marriage until the time of your separation in 2011. You should consult a family law attorney about obtaining a default judgment so that his cooperation in the process is not necessary.
Answered on Nov 21st, 2013 at 11:34 AM
Your husband's entitlement is one-half its value acquired from the date of marriage until the date of your separation.
Answered on Nov 21st, 2013 at 11:30 AM