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Is a 401k brought into the marriage, but with no contributions made during the marriage, considered community property?

Family Law 4 views 3 answers
I have 2 401k accounts that I brought into my marriage. One I have not made any contributions to as I'm not longer employed with that company. Only change in value has come through market gain/loss. The other account I have paid into for about 1 1/2 years of our 8 year marriage. Is that second account considered community property?

Attorney Answers

3
Denise Martinezscanziani ·
Generally only the increase in value and income since the date of marriage going forward is considered to be part of the marriage. Make sure you have consulted with a good local family law attorney who can advise you of all of your rights. Good luck.
0 upvotes
Robert Vondohlen ·
The amount you brought in at time of marriage is separate. Income within the account is community unless you made a pre/ post nuptial agreement otherwise. Beware that the default mode is for everything to be assumed as community and it is the duty of the party claiming 'separate' to prove separate.
0 upvotes
Charles Guidry ·
Only income contributed to the 401K during marriage from your earnings are community property. All other contributions prior to marriage is separate property.
0 upvotes

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