If you have a 401K plan and continue to contribute to the plan after you file for divorce, how will a California court divide the plan when the divorce is finalized?
If you have a 401K plan and continue to contribute to the plan after you file for divorce, how will a California court divide the plan when the divorce is finalized?
Under normal circumstances, contributions made through the date that the divorce is filed, along with any post-filing appreciation on those contributions, will be part of the marital estate. Contributions made after the divorce is filed, and appreciation on those post-divorce contributions, will be treated as separate property. (If you separate before filing for divorce, the court may apply the same rule, but based upon pre- and post-separation contributions as opposed to the date of filing.)