Can I liquidate my 401 K, roth IRA and other investments prior to filing divorce and what are the consequences I would face?

I have 401K and Roth IRAthat I have on my own separate accounts with my husband
that I don’t want to divide with my husband. It is not too big and I might be
left with small amount after the divorce.

Asked on April 1, 2017 under Family Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

California is a community property state as you know and everything consideed marital property is split 50/50.  Sounds as if these accounts are marital property.  Even if you liquidate them the court can still award him half of the proceeds.  It can be complicated.  Seek consultation in your area. 

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