Retirement Plans & Pensions
Backed by 100+ Years' Experience
Orange County Pension Division and Protection Lawyers
Among the many financial matters requiring resolution in a California divorce, division of 401(k) plans, other qualified retirement accounts, military pensions and other retirement assets is sometimes the most challenging.
Until they speak with an experienced lawyer, most people do not understand the complex legal requirements associated with dividing retirement accounts, pensions and other such assets — and some make the mistaken assumption that assets they have accumulated independently in their careers will remain theirs alone.
Knowledge Across the Spectrum of Benefits, Retirement Plans and Divorce
On a basic level, it is important to recognize that — like all other money and property accumulated during marriage — most retirement assets are subject to equal division between divorcing spouses under California law.
When it comes to this very important aspect of your divorce, however, counsel from a lawyer with extensive relevant experience is essential because:
The required legal steps for dividing retirement assets and other deferred compensation depend directly on the type of plan and whether it is administered by a corporate or government entity.
Most non-government benefit plans require preparation of a qualified domestic relations order (QDRO) before actual division can take place — and variations in how a QDRO is written may factor into access to funds and other important issues.
Division of military pensions and other retirement benefits is governed by federal law, including key stipulations about the length of the marriage.
What Will Happen To My 401(k) When I File For Divorce?
One of the most important issues that clients come to us with in their divorce is this: What will happen to my 401(k) when I file for divorce? This is an understandably concerning and stressful matter, as for most people their 401(k) includes a large portion of their retirement. The idea of splitting it with a soon-to-be former spouse is unsettling. While there is no clear-cut answer that can be applied to all divorce cases, the best answer is to make sure your divorce attorney is not only experienced but also skilled in negotiating, mediating or litigating property division disputes.
In California, all marital property is divided equally among spouses. This is called community property law. While this may sound simple enough, it is determining what property is marital property and then valuating it that can make the issue very complicated. Your 401(k) could be considered marital property as some, if not all of it, may have been earned during your marriage.
We will do a thorough analysis of all your assets and liabilities as well as those of your former spouse, making sure that you walk away from your divorce with your fair share. When it comes to your retirement funds, including your 401(k), we will aggressively advocate for your best interests. This may include offering your spouse an asset equivalent in value so that you can avoid splitting your 401(k). Our Newport Beach family law attorneys can go over your specific options in an initial consultation. To discuss your 401(k) concerns, please contact us online.
Consult Orange County Attorneys Who Emphasize Diligence And Efficiency
Arriving at a settlement agreement and even obtaining a judgment for division of funds is often not enough to wrap up matters associated with retirement accounts in divorce. It is critical to work with a lawyer who has prepared and reviewed many QDROs and other types of orders essential for protection of client interests.
At the Burch Shepard Family Law Group, you can work with Board-Certified Family Law Specialists respected for their knowledge of complex property division, QDROs and military benefits issues.
For proven protection of your financial interests in divorce, we encourage you to schedule a consultation at our Newport Beach law offices.
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I just wanted to send you a HUGE thank you for all of your support through this process. I am thrilled with the outcome today and so relieved that this is coming to a close. Thank you for all of your guidance and support through this journey.
Former Client
“I would not hesitate to recommend Courtney Shepard and her team to anyone in need of quality representation in their divorce.”
“They made the divorce process so much less stressful than it could have been. I would not hesitate to recommend Courtney Shepard and her team to anyone in need of quality representation in their divorce.”
Former Client
“A brilliantly educated pit bull”
“True brilliance in action is a site to behold. At this point I am comfortable with everything she was able to help me with, and I know that she will be the first call I make, if I have any other future issues that require the courts intervention.”
Former Client
“THANK YOU ALL FOR EVERYTHING.”
I am thankful for a attorney Robert, for his wonderful representation. His professionalism, and the way he carries himself with so much authority and knowledge is making this process run Smoothly. The delay in the process has given my children and I time, space, peace of mind and the healing we needed so much, thank you. God knows the right timing and the right results and He sends us the right persons to work things out. You are all a team of wonderful people. Thank you.
For a consultation with an Orange County attorney at the Burch Shepard Family Law Group, call (949) 565-4158 or contact us online.
Community Resources:
A variety of nonprofit social services agencies provide counseling services to divorcing families in the areas of domestic violence, marriage, family and children, and drug and alcohol abuse. Legal assistance is also available. For a list of these community resources, please contact Family Court Services at 714-935-6550.
Books To Help Divorcing Parents And Their Children:
My Mom and Dad Are Getting a Divorce by Florence Bienenfeld
Mom's House, Dad's House by Isolina Ricci, Ph.D.
Co-Parenting by Miriam Galper
When Living Hurts by Gordon Sol
Megan's Book of Divorce: A Kid's Book for Adults by Eric Jong
Child Custody: Building Agreements That Work by Mimi E. Lyster
The Parental Alienation Syndrome: A Guide for Mental Health and Legal Professionals by Richard A. Gardner, M.D.
