Can An Ex Spouse Go After A Retirement Account?

California is a community property state which means that any assets acquired during the marriage are subject to division in the event of a divorce with certain exceptions. If there are assets in a retirement account that were acquired during the marriage and before separation, then yes an ex-spouse might have a valid claim to part or all of the retirement account assets. If the divorce has already been finalized, it will depend on what the judgment says. If the judgment either awards the retirement account to your spouse or divides it between the parties, then the judgment is binding on both parties. (more…)