Can my ex attack my 401k for arrears of alimony?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Can my ex attack my 401k for arrears of alimony?

I had to quit because I would lose $87,000 from my pension. Now I have been trying to get a new job but my ex says she won’t wait for me to get employed and will attack my 401k for arrears of the alimony.

Asked on June 22, 2012 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 10 years ago | Contributor

In short, yes.  Under CA Family Code Section 5100 et seq.  the payee can get a writ of execution against your property and have the sheriff collect it for them.  Section 5103 goes on to specifically include employee benefit plans such as 401k plans. 

There are some limits to writs of executions against one's primary residence and depending on the account or property levied, sometimes the law requires that the levying party leave you with a certain amount left over.  When levying vehicles, the law requires the levied party to be left with an exempt amount, usually $2,725 unless it is a commercial vehicle.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption