Law Offices of John A. Guthrie
925-271-4342
  • Home
  • About
  • Attorneys
  • Services
    • Divorce
      • High – Asset Divorce
      • Business Valuation and Division
      • Property Division
      • Spousal Support
      • Child Custody and Visitation
      • Child Support
      • Contested and Uncontested Divorce
    • Domestic Violence
      • Domestic Violence And Divorce
      • Domestic Violence Restraining Orders
    • Family Law
      • Paternity
      • Post – Judgment Modifications
    • Mediation Services
  • Articles
    • California Community Property Basics
    • Changing the Terms of Your California Divorce Decree
    • Getting a Divorce? Watch Out for Hidden Assets
    • Modifying Child Support Payments in Tough Economic Times
    • Modifying Parenting Plans an Ongoing Process in California
    • Financial considerations for divorcing baby boomers
    • Imputation of income: Best interests of child finding required
    • Want an amicable divorce? Consider divorce mediation
    • How to make an effective child custody agreement
  • Resources
    • How To Prepare For A Consultation With A Divorce Attorney
  • Blog
  • Contact
Law Offices of John A. Guthrie
  • Home
  • About
  • Attorneys
  • Services
    • Divorce
      • High – Asset Divorce
      • Business Valuation and Division
      • Property Division
      • Spousal Support
      • Child Custody and Visitation
      • Child Support
      • Contested and Uncontested Divorce
    • Domestic Violence
      • Domestic Violence And Divorce
      • Domestic Violence Restraining Orders
    • Family Law
      • Paternity
      • Post – Judgment Modifications
    • Mediation Services
  • Articles
    • California Community Property Basics
    • Changing the Terms of Your California Divorce Decree
    • Getting a Divorce? Watch Out for Hidden Assets
    • Modifying Child Support Payments in Tough Economic Times
    • Modifying Parenting Plans an Ongoing Process in California
    • Financial considerations for divorcing baby boomers
    • Imputation of income: Best interests of child finding required
    • Want an amicable divorce? Consider divorce mediation
    • How to make an effective child custody agreement
  • Resources
    • How To Prepare For A Consultation With A Divorce Attorney
  • Blog
  • Contact
 925-271-4342

Comprehensive Solutions to Difficult Family Law Issues

  1. Home
  2.  – 
  3. Divorce
  4.  – 
  5. Splitting retirement accounts in a California divorce

Splitting retirement accounts in a California divorce

On Behalf of Law Offices of John A. Guthrie | Dec 14, 2019 | Divorce

Divorce laws in California, like your relationship, are complex. It is a no-fault state, but you could find yourself at fault if you are not careful when deciding financial issues.

Your retirement account can be your most valuable asset heading into a divorce. How the law impacts your accounts can determine your long-term financial future.

What you can keep

Retirement accounts are community property under state law. However, that does not mean you split your 401(k) plan or IRA 50-50 with your spouse when you complete your divorce.

Money you put into your retirement account before your marriage is separate property. This is state law. The same is true for interest earned on your retirement accounts before you wed your spouse.

You and your spouse divide only assets that accumulated during the years of marriage. The separate property is yours, 100%.

The laws also apply in a California domestic partnership. Domestic partners have the same rights and benefits as married couples in the state.

What you can lose

You must divide retirement account funds accumulated during your marriage or domestic partnership. They are community property.

An accountant can assess the worth of your retirement assets. Determining monetary value is necessary before dividing assets between you and your spouse.

If you receive money, you can roll it over into your own qualified retirement plan. You can decide against accepting the money until the account owner retires, or you can cash out your share.

You also can reach your own settlement with your ex-spouse when dividing your retirement accounts. A judge must approve this agreement.

What you cannot afford

Emotions run hot in a divorce. Treat your money as a separate issue. It may sound cold, but it is vital to your financial future.

In a sense, a divorce settlement is like any other major financial transaction. You have to know the law and make it work in your interests to get a good deal.

Categories

Archives

Recent Posts

  • What can you do if you’re accused of domestic violence?
  • How is business valuation handled in divorce?
  • How does remarriage affect spousal support obligations?
  • How do holidays impact child custody arrangements?
  • How does a prenuptial agreement affect divorce in California?

Arrange A Consultation Today

Law Offices of John A. Guthrie
Pleasanton

239 Main Street
Suite H
Pleasanton, CA 94566

  Pleasanton Law Office
Danville

4115 Blackhawk Plaza Circle
Suite 100
Danville, CA 94506

  Danville Law Office
Phone Number
925-271-4342
  • Follow
  • Follow

© 2026 Law Offices of John A. Guthrie • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw

Review Us