family law

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James D. Madden & Aruna P. Rodrigo, Family Law Attorneys

How Are Retirement Savings Divided in a Divorce?

Do You Know How The Court Will Divide Your Property?

Hundreds of thousands of couples file for divorce every year, and while most of them spend their time thinking about who will get the house, who will get the kids, who will get the wedding gifts, etc., many forget to consider the more complex aspects of property division like how retirement savings accounts will be split. Courts will treat your retirement just like any other marital assets, so it’s important to hire an experienced divorce attorney to help you navigate the process and secure a beneficial outcome.

Call us at (909) 992-0188 today to speak with a San Bernardino divorce attorney.

Divorce is a complicated process, but you don’t need to go through it alone. Our divorce attorneys at James D. Madden & Aruna P. Rodrigo, Family Law Attorneys have dedicated their careers to assisting people going through a divorce understand all aspects of their divorce in order to put them in the best position to fight for a beneficial outcome. Whether you are currently considering filing for divorce or if you’re already going through the process, contact us today and let us help you through this difficult time.

What the California Family Code Says About Property Division

The California Family Code divides assets into two categories, separate property and community property. Separate property refers to items or assets owned by one party before they were married, or any items, gifts, or inheritances specifically given to one spouse during the marriage, while community property refers to items, assets, or earnings received or earned during the marriage. Retirement savings accounts are considered as community property, no matter what type of plan you have.

Retirement plans that family court can divide include, but are not limited to:

  • SAR-SEP
  • SEP-IRA
  • Roth IRA
  • Traditional IRA
  • Simple IRA

Family court bases their decision on how to divide federally controlled retirement plans on a qualified domestic relations order (QDRO). However, there are certain things unaffected by a QDRO like providing benefits that exceed the interest value or requiring the plan to pay extended benefits that aren’t specifically offered by the retirement plan. The court will most likely bring in an expert in order to accurately determine the current value of a defined benefit plan. A qualified attorney can help provide you with the necessary information so you understand the process and aren’t caught by surprise when the court gives its ruling.

Fill out our online form to request a free case assessment.

Hire An Experienced Attorney Today

At James D. Madden & Aruna P. Rodrigo, Family Law Attorneys, our San Bernardino divorce lawyers are led by a board certified family law expert who is ready to assist his clients with the knowledge he has acquired over nearly two decades of practicing law. If you are either preparing for your divorce or in the middle of proceedings, give us a call at (909) 992-0188 to speak with one of our divorce lawyers, or fill out our online form to get started with a free case assessment.

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