Sacramento, CA asked in Divorce for California

Q: I was divorced on 2011 my ex has stated she doesn’t want her portion of my 401k. Where do I go from here.

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1 Lawyer Answer
Angelina Bradley
Angelina Bradley
  • Monterey Park, CA
  • Licensed in California

A: You’ll want to check your judgment. In most cases, the court will retain jurisdiction over enforcement of the judgment, and your 401k was probably divided as part of that judgment. Assuming that’s the case, you should be able to submit at stipulation and order signed by both parties that confirms the 401k as your separate property. As it probably holds some value, I’d recommend you consult with an attorney to make sure what you submit to the court will be sufficient. If it’s an uncontested issue, then I’d be happy to consult with you further.

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