Working To Ensure That You Receive A Fair Share Of The Family’s Retirement Funds

Last updated on October 9, 2020

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, the other spouse has no claim to any of the funds in a divorce. In fact, the nonparticipant spouse may be entitled to receive up to half the value of the account, depending on when the account was established and other factors.

At Contreras Law Firm in San Diego, 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

Specific steps must 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 is not until after the divorce is 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 retirement accounts, we can help you with preparing and filing qualified domestic relations orders (QDROs) or other documents necessary to divide a particular type of account. Schedule a free consultation with one of our lawyers by calling our office at 619-908-1495 or by sending us an email.