One area of property division that can be easy to overlook is the division of retirement accounts in divorce. Many people wrongly assume that, just because a retirement account is in one spouse's name, that the other spouse has no claim to any of the funds in the event of a divorce. In fact, the non-participant spouse may be entitled to receive up to half of the value of the account, depending on when the account was established and other factors.
At Contreras Law Firm, our attorneys represent clients in a wide variety of complex property division matters involving retirement accounts, pensions and other types of benefit plans. Our decades of combined experience and deep understanding of the laws that govern these matters allow us to be much more proactive in our efforts to secure a fair division of all available retirement funds.
Ready To Help With The Division Of Any Retirement Account
There are specific steps that need to be taken in the process of dividing any retirement or benefit account. The first step is determining what portion of the account is eligible to be divided. We work with forensic accountants and other experts who can provide us with an accurate number regarding the community portion of the account.
We have experience dividing a wide range of retirement accounts, including:
- 401(k) accounts
- Private pensions
- Government pensions
- Military pensions
- Profit-sharing plans
- Individual Retirement Accounts (IRAs)
Dividing Stock Options
Under California law, stock options that were issued during the marriage to either spouse can be considered community property, even if the date they are able to be exercised will not arrive until after the divorce will be finalized. We work hard to see that our clients receive the maximum benefit from any stock options that are considered part of the marital estate.
Learn More About How We Can Help With Your Retirement Division Issues
In addition to ensuring an accurate division of the retirement accounts, we can also help you with the preparation and filing of qualified domestic relations orders (QDROs) or other documents necessary to divide a particular type of account.
Contact our San Diego office today to schedule a free initial consultation with a lawyer.Back to Top