Q: Legally requirement around 401K & stock portfolio

A: Greetings. Yes, you are required to share the statements. While the community has an interest in the 401k during marriage up to date of separation, the value of that interest does not end on the date of separation, it ends on distribution.

There is no set number of days or hours that you are required to respond to opposing counsel's e-mail correspondence. Generally speaking, a reasonable turn around time is relative to the complexity of the correspondence. If not complex, in about a day or two to respond would be reasonable. For more complex matters, which presumably will require setting some time aside to be able to answer or respond, in which event, you may want to respond right away with stating you need to set aside a chunk of time to respond, and then give an estimate on when that would be.

As to whether or not you should first request full disclosure before negotiating a settlement, that would appear to me to be a matter of strategy. Your question implies that she alreadycompleted the preliminary disclosure, but that she knowingly and intentionally did not disclose everything. The other party was already duty bound to disclose everything in the preliminary disclosures to you. If she knowingly and intentionally withheld disclosure of certain assets/debts, then she is breaching her duty to disclose everything to you and to act in good faith in negotiating a settlement. Furthermore, if you can prove the other party knowingly and intentionally withheld something that should have been disclosed, there are penalties that can be assessed against the other party. You may want to review In re Marriage of Rossi, 90 Cal.App.4th 34, where the Court found that Wife breached her fiduciary duties under sections 721, 1100, 2100, and 2101 by fraudulently failing to disclose her lottery winnings, which the Court found were the product of wife's use of cp to purchase the winning ticket and withholding the winnings constituted fraud, oppression and malice within the meaning of Civil Code section 3294 and section 1101, subdivision (h). Wife claimed the ticket purchase money was a gift, which the Court did not find credible and

awarded100 percent of the lottery winnings to husband per a provision in their MSA and section 1101, subdivisions (g) and (h) of the Family Code.

There is not enough facts to comment on whether your situation might or might not be appropriate to evaluate under the foregoing theories, but if the other party is intentionally withholding disclosure of assets, it appears to me to be an issue that you should entertain and at least consult with an experienced attorney who can help guide you in the right direction. Best of Luck.

A: In California divorce cases, you are generally required to disclose all financial information, including your most recent 401(k) and stock portfolio statements. Providing these documents helps ensure a fair financial settlement based on accurate and complete information up to the date of separation.

Typically, the division of assets like 401(k)s and stock portfolios is based on their value at the date of separation. This means that any growth or changes in these accounts after that date may not be included in the settlement. It's important to clarify this with your attorney to ensure both parties agree on the valuation date.

When you receive a request from the respondent's attorney, there is usually a specific timeframe to respond, often around 30 days, but this can vary. If your ex has not provided full disclosures, you can request that all financial information be shared before entering negotiations. If they continue to withhold information, you may need to seek assistance from the court to ensure full disclosure and a fair process.