Protect Your Rights To Retirement Benefits
The attorneys at Larose Law in Fremont and Walnut Creek, know that dividing retirement benefits in a divorce can be a sensitive and contentious subject. We have the financial and legal experience to help you understand your rights and fight for them.
The division of retirement accounts and benefits in California is normally a part of the division of community property in a divorce or legal separation. The division of a 401(k) or a pension normally requires the creation of a qualified domestic relations order (“QDRO”) and may be done in conjunction with the help of an actuary or actuarial consultant. The process can be somewhat complicated depending on the length of the marriage, the life span of the particular plan and the underlying rules the plan operates under.
We begin by notifying each plan at issue of the pending divorce case so that the plan makes no distributions or loans while the divorce is in progress. We then “join” each plan to the case so that court orders dividing any of the plans are enforceable and binding against each plan. The process can be complicated but we have many years of experience in this process.