How are retirement accounts, pension and social security handled in a Carlsbad Divorce? Dividing retirement in a San Diego divorce begins with the requirement for all retirement accounts such as 401k or pension plans to be divided equally based upon community property laws. However, social security is considered “separate” property in a Carlsbad or Oceanside divorce and cannot be divided…
401(K)
What Will Happen With My 401k and Retirement Plan in Our Carlsbad Divorce?
What will happen with my 401k and retirement plan in our Carlsbad divorce? Retirement and pensions is often something a client hasn’t even thought about when we bring up the subject of property division. “You mean (she/he) gets HALF of my retirement?” Money, especially money associated with retirement, deeply concerns most of our clients. In many cases, especially when the…
Division of Retirement Accounts in a San Diego Divorce
The beginning of a new year often leads to financial planning, new goals as well as considerations of major life changes. January is one of the highest months for divorce filings in San Diego. One of the most common issues is the division of retirement accounts in a San Diego divorce. Pensions, 401(k)s, and other retirement accounts are often some…
The Division of Retirement Accounts in a Divorce
How do you handle division of retirement accounts in a divorce? Most Carlsbad and North County divorce cases these days include the division of retirement accounts such as 401(k)s, IRAs, or pension funds. These assets are eligible for division as community property in California. The process for ensuring that these assets are properly accounted for and managed as part of…
How Will Your 401(k) be Handled in a Divorce?
How will your 401(k) be handled in a divorce in Carlsbad, Oceanside, Encinitas or North County San Diego? Retirement assets such as a 401(k) are considered in the same manner as “community property” and marital contributions are usually fairly or equally divided between the parties. If you entered the marriage with a balance in your 401(k) the “community property” value…
How are Retirement Assets Usually Divided in a North County Divorce?
Here in North County San Diego, how are retirement assets usually divided in a North County divorce? Retirement assets are usually characterized as “community property” and therefore must be divided equally as part of the community property division process. If the parties retirement assets are 401(k)s the Court must issue separate orders for the division of the retirement asset. These…
Retirement Accounts in a Divorce Require Special Documents
Did you know retirement accounts in a divorce require special documents known as Qualified Domestic Relations Orders or QDROs? Can a DIY divorce truly manage the QDRO process? According to the State of California more than 80% of couples begin the divorce process on their own. Here in Carlsbad our own Family Law Court reports less than half are able…
Dividing Retirement Assets with High Balances in a Divorce
Dividing retirement assets with high balances in a divorce requires experience, legal skill and specialized Qualified Domestic Relations Orders or QDROs. Almost every divorce in Carlsbad or anywhere in North County San Diego involves a retirement account, 401k, IRA, pension or social security issue. Retirement assets which are begun or contributed to during the course of the marriage are going…
The Division of a 401(k) in a Divorce
The division of a 401(k) in a divorce is a complex process. Specific paperwork must be prepared and orders issued by the judge. It is easy for those who represent themselves to miss this important aspect of a North County or Carlsbad divorce. Retirement accounts such as a 401(k) are often one of the largest assets in a North County…
Dealing with Retirement Funds During Divorce Negotiations
Dealing with retirement funds during divorce negotiations is especially important in a “Gray Divorce” or divorce over 50. While the overall divorce rate in California and around the country has remained fairly stable in recent years, divorces among older couples has increased sharply. Between 1990 and 2014, the rate of divorces involving people over the age of 50 doubled, and…