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Retirement Money And Divorce In California

Any property or asset acquired during a marriage is considered community property and must be divided in half in a divorce. This includes retirement funds. If you are in a divorce or legally dissolving your relationship with your domestic partner, you need to know the net value of all pensions, IRAs or 401(k) assets held by you and your spouse or partner. Even if your former spouse or domestic partner says you are not entitled to any of their retirement assets, this is probably not accurate. We can help make sure you get the 50% community share of retirement funds that you are entitled to by law.

Qualified Domestic Relations Orders In Divorce

The federal law called Employee Retirement Income Security Act (ERISA) governs a number of defined contribution retirement plans. ERISA stipulates rules on distributing payments from retirement plans in the event of divorce. When a divorce settlement includes a retirement plan governed by ERISA, the court issues a qualified domestic relations order (QDRO). This order names qualified beneficiaries and grants permission for distribution of funds. A QDRO is required before the plan administrator can issue payments to a nonemployee ex-spouse.

At Rita Holder Law, we have extensive experience working with ERISA cases and QDROs. For more than 25 years, we have helped people dissolving their marriages and partnerships make sure they get their fair share of retirement funds. We have a deep understanding of how the QDRO process works and have great relationships with the government authorities involved in distributing these funds. If you qualify for a QDRO, you can rest assured that we will get you your fair share.

Contact The Divorce Lawyers At Rita Holder Law

If you are having trouble getting your fair share of retirement funds in your divorce, contact Rita Holder Law by calling 925-401-7885 or completing our online contact form. We can make sure you get your fair share.