fbpx

DIVIDING RETIREMENT FUNDS

Retirement accounts must be valued and divided fairly

Dividing Retirement Funds

Southern California Divorce Law Firm

In family courts, community property is divided between the spouses 50/50. Your pension benefits, 401k, IRA, and any other kind of retirement accounts acquired during marriage are considered marital property upon divorce; therefore, they must be valued and divided fairly. This will be determined by the court. While this seems like a clear issue, it is not exactly. Not all retirement assets are part of the marital property. If you acquired a plan or account before your marriage took place, these may be excluded from division. Also excluded are any inheritances you may have received.

What Is the Process for Dividing Retirement?

After it is determined how the retirement assets will be divided, there are certain steps that need to be taken. 401(k) and other similar plans must stick to federal guidelines. This requires a Qualified Domestic Relations Order (QDRO). A QDRO is a special court order that allows retirement plan companies to divide certain benefits. They are required when dividing pension plans, profit-sharing plans, and 401ks and are considered to be a highly technical area of the law.

At the law offices of Holstrom, Block & Parke, we understand that division of retirement assets may be a critical issue as you navigate the divorce process and plan for the future. Our knowledgeable attorneys are here to protect your financial interests to the greatest possible extent. Get in touch with us today to learn how we can help you.

Contact Us

Get Professional Legal Help

Experience the HBP Difference

We pledge to serve & protect your interests

We will work tirelessly to achieve your goals

We promise to make you important

We have over 200 years' experience combined

We have 6 Family Law Specialists as certified by the California Board of Legal Specialization

We offer FREE phone consultations to best serve you

Our attorneys are waiting to help you

Professional Legal Help

Free Phone Consultation

(855) 939-9111

Orange County Office
4940 Campus Dr., Suite A, Newport Beach, CA 92660

Corona Office
1897 California Ave., Suite 102, Corona, CA 92881

Temecula Valley Office
38975 Sky Canyon Dr., Suite 101, Murrieta, CA 92563

Riverside Office
3780 12th Street, Riverside, CA 92501

San Diego Office
3111 Camino Del Rio, N., Suite 445, San Diego, CA 92108

Vista Office
380 S. Melrose Dr., Suite 347, Vista, CA 92083

American Academy Matrimonial Lawyers
Avvo Perfect 10 Rating for Family Law
Super Lawyers
Best Lawyers
Certified Family Law Specialists
California Lawyer