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Peace of Mind & Powerful Results

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) 344-5704 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 attorney at Aruna P. Rodrigo, Family Law Attorney has dedicated his career 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.

Hire An Experienced Attorney Today

At Aruna P. Rodrigo, Family Law Attorney, our San Bernardino divorce lawyer is ready to assist his clients with the knowledge he has acquired over more than a decade of practicing law. If you are either preparing for your divorce or in the middle of proceedings, give us a call.

Speak with a divorce lawyer to get started with a free case assessment.

Trusted, Respected, & Highly Recommended

  • I am so grateful to have found someone who takes interest in his clients and cares.

    “Mr. Rodrigo is one of few attorneys who is very attentive to detail and what is in the best interest of his clients. He makes time for you, is quick to return phone calls and emails, and gets the job done with efficiency.”

    Rachel Bello

  • Mr. Rodrigo has been a godsend and I can't thank him enough for all that he's done.

    “I know how difficult it is to find a new attorney to handle such personal matters in your life so I feel fortunate to have engaged him.”

    J Kim

  • He is a very confident attorney despite the complexity of the case and shows up READY!

    “Aruna is a true professional! He was quick to prepare on such short notice; organized, punctual and calm under pressure. He has equal amounts of empathy as he does fight.”

    Sari De La Cerra

  • He will work until he gets the best outcome for your case.

    “He will work until he gets the best outcome for your case.”

    Briana Gastelum

  • Aruna Rodrigo provides some of the best law services around.

    “I've had many informative consultations with Aruna, and always received more then I expected. Aruna is responsive, thorough, and made sure I had complete understanding of my options.”

    Darrel Gomez

Why Work With
Aruna P. Rodrigo?

  • More Than 10 Years of Legal Experience
  • Selected to Super Lawyers®
  • Personalized, Client-Centered Approach
  • Outstanding Legal & Negotiating Skills
  • Specifically Focused on Family Law & Estate Planning