Retirement Accounts in a Divorce Require Separate Documents

Pierre Domercq Retirement Asset Division

According to the State of California more than 80% of couples begin the divorce process on their own. Less than half are able to complete the process without the assistance of an attorney. The separate documents required for retirement assets such as a 401(k) are an example of the complexities that trap would be filers and prevent their divorces from being completed.
In a North County San Diego divorce all assets and liabilities of the couple must be accounted for and community property must be divided. This includes pensions and 401(k) accounts. Most providers of 401(k) plans have their own preferences when it comes to the paperwork required for the Court to effectively distribute marital assets. A Qualified Domestic Relations Order or QDRO will be necessary for each of your 401(k) accounts.
If one of the former spouses is a teacher, public employee or other pension plan participant, it will be necessary to manage a separate process for CALSTRS or CALPERS. Each will require specific documentation and must be included as a party in the divorce process.
Your divorce cannot be completed until all aspects of the separation agreement including retirement benefits are accounted for and appropriately divided. Retirement account paperwork is quite complex, and we invite you to contact us or call 760-712-3741 to schedule an appointment with one of our experienced Carlsbad divorce attorneys.