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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
  • Blog
  • Contact
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What happens to your retirement accounts during your divorce?

by Law Offices of John A. Guthrie | Jun 14, 2021 | Divorce, Property Division

If you are contemplating ending your marriage, you may already know you must divide the marital estate. Because California follows a community property approach, you and your soon-to-be ex-spouse are likely to end up with a roughly equal share of everything you own.

While dividing your home, cars, belongings and cash may be straightforward, your retirement accounts are likely to be a bit more challenging. Still, because your retirement funds are probably a large part of your marital estate, you want to be sure you receive what you deserve.

Marital versus separate property

Even though you and your husband or wife must divide marital assets, you can probably keep anything that is separate property. While your retirement funds may be separate from the marital estate, most courts consider pensions, employer plans and individual retirement accounts to be marital property.

This may be especially true if you do not have a premarital agreement or another legally binding contract that defines ownership of your retirement accounts.

Qualified domestic relations orders

When a judge divides your retirement accounts, he or she should issue a qualified domestic relations order. You must then deliver the order to the retirement plan administrator. The administrator uses the QDRO to pay funds to the appropriate spouse. Typically, you must obtain and submit separate QDROs for each retirement plan you have.

After you submit your QDRO, you may have some options for receiving payment. While some of your options may trigger penalties or tax consequences, pursuing QDROs for all your retirement accounts ensures you leave nothing behind.

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