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  1. #1
    Join Date
    Sep 2016
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    Default How are 401K Plans Divided in Divorce

    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?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: How are 401K Plans Divided in Divorce

    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.)

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