What Will Happen To My 401(k) When I File For Divorce? Backed by 100+ Years' Experience

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.

Quality Legal Counsel

At The Law Offices of Burch, Coulston & Shepard, LLP, our team of California divorce lawyers includes three attorneys, all recognized as Certified Family Law Specialists by the State Bar of California Board of Legal Specialization. This means they are qualified and highly experienced in divorce law. Our Orange County family law firm has handled the most complex of property division cases, and no case is too big for us to handle. Many of our past cases have involved clients with significant assets, including businesses, multiple properties and accounts.

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. To discuss your 401(k) concerns with one of our Newport Beach divorce attorneys, please contact us online.

Protecting Your 401(k) In A Divorce

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 strongly advocate for you by helping you protect your 401(k). 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.

Schedule A Consultation With Experienced Lawyers: (949) 565-4158

Our Orange County law firm is widely respected for successfully handling some of the most complex property division cases. We encourage you to contact us today to discuss your specific needs.

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