Q: If my spouse gets half of my 401k, am I entitled to half of the pension payments she has received during the marriage?
A:
In California, the community property laws dictate that assets and debts acquired during the marriage are generally considered equally owned by both spouses. This means both the 401(k) and pension payments accrued during the marriage are typically divided equally upon divorce. If your spouse is receiving half of your 401(k) accumulated during the marriage, you would generally be entitled to half of the pension payments she has received during that same period.
However, the precise division can depend on various factors, including any prenuptial or postnuptial agreements in place. It's crucial to ensure all assets are appropriately accounted for during divorce proceedings. If there's any doubt or disagreement regarding asset division, you may wish to consult with an attorney experienced in family law.
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