Steps to Divide Retirement in Divorce

Most couples think their most valuable community property asset is their house. Surprisingly, however, the most valuable asset is often their retirement plan. Just as with other community assets, a divorcing couple must settle retirement division. In general, the law considers retirement benefits accrued during the marriage until the time of separation as community property. This article will explain the steps to divide retirement in divorce.

By |2019-07-06T18:56:13-07:00July 6th, 2019|Family Law|0 Comments

When Your Ex Spouse Won’t Sign QDRO

Divorced spouses often contact us with concerns that their ex-spouse won’t sign QDRO, a qualified domestic relations order. The courts use QDROs (pronounced "quaw-dro") to officially divide a former spouse's interest in a retirement plan or pension plan. If your spouse won't sign QDRO, then you will not be able to complete the process of dividing the retirement account . However, the spouse refusing to sign could find themselves held in contempt of court for refusing to do so. This article reviews options you may have if your ex-spouse is refusing to sign your QDRO.

By |2019-07-08T12:29:54-07:00July 4th, 2019|Family Law|2 Comments

How to Use a QDRO to Divide Retirement in Divorce

Contributions made to retirement and pension plans during a marriage are community property. During a divorce, couples divide retirement and pensions plans just like any other marital asset. The couple may split them any way they see fit, whether it be that one spouse completely buys the other one out of their share, or one spouse receives a percentage or fixed amount of the retirement payments. It is necessary to prepare a QDRO for each plan that is divided.

By |2019-05-12T08:22:48-07:00December 30th, 2018|Family Law|0 Comments

How to File a QDRO After Divorce

It is not necessary to divide all retirements plans in a divorce. However, if the court has ordered the division of a retirement account, or the parties have agreed to divide one or more retirement account, it will be necessary to file a QDRO after divorce. Here are the steps on how to file a QDRO after divorce.

By |2018-05-01T02:35:44-07:00March 30th, 2018|Family Law|19 Comments

Thrift Savings Plan Retirement Division in Divorce

A Thrift Savings Plan (TSP) is a retirement system and plan for federal employees, military personnel and reservists. Congress established the plan in 1986. The federal TSP is a defined contribution plan. This means the amount of money a plan participant receives from the plan depends on how much he/she contributed throughout his/her working years. The [...]

By |2018-01-18T15:46:18-08:00April 29th, 2017|Family Law|2 Comments

Gilmore Rights and Your California QDRO

Gilmore rights allow a divorcing spouse to receive a share of community interest held in their spouse’s pension plan. Specifically, this means the spouse can choose to receive these benefits before the participant actually retires. Benefits become eligible at the earliest date in which the employee spouse would be eligible to retire. To enforce your [...]

By |2018-01-18T15:46:22-08:00March 31st, 2017|Family Law|2 Comments

How to Avoid Retirement Division in Divorce

Couples who have been married for more than ten years often face challenges when dividing retirement accounts during a divorce. Fortunately, there are creative ways to avoid having to divide retirement plans in divorce. Read on to learn more about how to avoid retirement division in divorce and how A People's Choice can help. [...]

By |2018-01-18T15:46:22-08:00March 31st, 2017|Family Law|Comments Off on How to Avoid Retirement Division in Divorce