Can assets from marriage401 etc, be awarded at final dissolution? My understanding is in Ca, I am entitled to 50 of 401 that was earned du...

Question

Can assets from marriage;401 etc, be awarded at final dissolution? My understanding is in Ca, I am entitled to 50% of 401 that was earned during 20 year marriage. ???Attorney sent necessary paperwork to bind accounts.

Answer

One of the main purposes of the final dissolution judgement IS to allocate and award a distribution of assets and debts. You may or may not be entitled to 50%. If it was all earned during the marriage you probably are, subject to offsets for other assets or debt allocation.

Answer

Your attorney needs to be familiar with a Qualified Domestic Relations Order (QDRO). If he or she is not, you need a new attorney.