(562)653-4583Generally, the pension or 401K retirement savings that your spouse earns during marriage is community property. That means in your divorce you are entitled to half of the savings earned during the marriage. Your spouse is required by law to disclose their pension/401K savings information.
The court has the power to distribute these savings. However, you are first required to join the company of your spouse’s pension or 401K to your divorce proceedings. In essence, the court does not have authority to order the company to distribute the pension/401K until they are a noticed party to your divorce case. After joining them as a party, you must have an attorney appointed to determine what each spouse is entitled to from the retirement savings.