What happens to CalSTRS and CalPERS pensions in a San Diego divorce? What does a teacher, a public employee and/or their spouse need to know about how these accounts will be managed during property division in a divorce? Generally speaking, all debts and assets obtained by either or both parties from the date of the marriage until the date of…
Retirement Asset Division
Dividing Retirement in a San Diego Divorce
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…
How Are Retirement Accounts valued and Divided in a San Diego Divorce
How are retirement accounts valued and divided in a San Diego divorce? Many of those who begin the process of a divorce in San Diego have not given any consideration to one of the largest assets of their marriage: retirement accounts. In many cases the value of retirement plans and accounts can actually exceed the amount of equity in the…
What Happens to Retirement Plans in a Divorce in a San Diego?
What happens to retirement plans in a divorce in San Diego? What happens to Social Security benefits in your divorce? There are many different types of retirement plan vehicles including defined contribution plans, defined benefit plans, Individual Retirement Accounts (IRAs) as well as public employee retirement systems such as CALPers and CalSTRS. Defined contribution plans are a specific account with…
Social Security for Stay At Home Spouses After a Divorce in San Diego
Is it possible to qualify for Social Security for stay at home spouses after a divorce in San Diego? What Social Security benefits can a person qualify for if they gave up a career to stay at home to raise children or manage the household? California family law provides many considerations for those who give up their own career to…
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…
How Will a CalSTRS Retirement Account Be Divided in a San Diego Divorce
How will a CalSTRS retirement account be divided in a San Diego divorce? Teachers have a unique retirement plan here in California known as the State Teachers Retirement System or CalSTRS. What happens when one (or both) of the spouses is a teacher during a divorce? Generally speaking, retirement accounts which were established or contributed to during the course of…
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…
What is a QDRO and Why is a QDRO Important in a Carlsbad Divorce?
What is a QDRO and why is a QDRO important in a Carlsbad divorce? A Qualified Domestic Relations Order or QDRO is a legal document which allows the administrator of a retirement plan such as a 401(k) to actually act upon the orders of a judge in a Carlsbad, Oceanside, Encinitas or North County divorce. Retirement accounts, or at least…