If you were a stay-at-home mom and were not earning a salary during much of your marriage, you are probably worried about what you are entitled to in a divorce. After all, you have invested years into raising your children, and you do not have an income, nor have you been able to build your own retirement savings account. Even if you did go back to work after taking time off with young children, you are likely far behind your husband in salary and retirement savings. It is for just these reasons that the state of California considers retirement accounts to be community property and requires that they be split 50/50 in a divorce.
Your Ex Might Try to Fight You on This
I’ve heard it many times from my clients’ husbands: “The 401k is MINE. I worked all those years, and MY employer matched my contributions.” They think they should be able to walk away from the marriage with the entire 401k. If your narcissistic husband is saying these kinds of things, you need a lawyer to set him straight. Nathan Law Offices has helped clients put an immediate stop to these threats, and we can help you as well.
You Might Not Be Entitled to the Whole IRA or 401k
It’s important to note that only money that was invested in the retirement plan during the years of the marriage is considered to be community property. So, if your husband worked for 10 years before you were married, he is entitled to keep the money he invested during that time. Likewise, he would not be able to get his hands on money you invested before you were married. This can make the separation of assets more complicated, but not impossible.
Follow Up With Plan Administrator
Since we are talking about retirement assets and your ex might be years away from retiring, you will have to file a Qualified Domestic Relations Order with the retirement plan administrator to inform them of how the retirement savings will be divided when your ex is able to withdraw the funds. Our firm can help with this step as well.
Reach Out to Nathan Law Offices Today
If your husband is fighting you on his 401k, he is likely trying to nickel and dime you out of other assets to which you are rightfully entitled. Don’t let him and his attorney steamroll you. Nathan Law Offices exclusively represent women in divorce, and we understand the unique challenges you face. Contact our Marin County office to find out how we can help you.