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  1. #1
    Join Date
    Nov 2013
    Posts
    1

    Default Default Behavior for 401k in Divorce if Splitting Unspecified

    My question involves a marriage in the state of: California

    So in a divorce, if there is one 401k that was the husband's, and let's say the spouse doesn't want any part of it, but nothing in the divorce papers is specifically stated about the 401k itself or dividing it, and then the divorce happens/goes through, does the 401k just default to getting split in half to both parties regardless that the spouse didn't want it?
    Or nothing changes/happens with the 401k and it's all kept by the original owner, in this case the husband?

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Default Behavior for 401k in Divorce if Splitting Unspecified

    Assets are divided and apportioned by court order if both parties have not agreed.

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