Q: Are earnings during marriage on 401K contributions made before marriage marital property? For TX Instruments & Microsoft
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In California, earnings on 401(k) contributions made before marriage are typically considered separate property, but the earnings generated during the marriage on those contributions can be classified as community property. This means that the income or gains accumulated during the marriage, even on pre-marriage contributions, might be subject to division in a divorce.
However, the original contributions made before the marriage usually remain your separate property. The division of these funds can be complex, as it requires tracing the source of the funds to determine which portion is separate and which is community property.
Given these complexities, it's important to carefully document and assess the growth of your 401(k) over the course of the marriage. You might want to seek legal advice to ensure your interests are protected during the division process.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
