Dividing Retirement And Investments

Divorce can send a shockwave through retirement plans. Suddenly your available assets are not what you thought they were and you need to do some ground-level rethinking of what retirement is going to look like. What if the 401(k) or investment accounts are in your spouse’s name? Will you receive anything? If they are in your name, is your spouse entitled to any of their value?

We know you have questions. At Genesis Family Law, we have answers. Our attorneys have untangled complex retirement and investment questions in Chula Vista and San Diego for years. We will take a full inventory of your financial profile, assess what assets belong to whom and pursue the best outcome for you.

The Most Significant Forgotten Asset

After years of prosperity, many people’s retirement and investment accounts contain considerable sums. However, because these accounts often remain in the background to compound and gain value, some spouses do not think of them as a shared asset, or even forget to think about them at all.

Failing to consider these accounts in your divorce plans is a mistake. Not only are most retirement and investment accounts eligible for division in divorce, they are often one of the largest marital assets. As such, you must treat them carefully.

Different Methods For Division

If your divorce is amicable, you and your spouse can choose to divide your retirement and investment accounts in a way that makes sense to you. You could opt to assign all the retirement accounts to your spouse while retaining a secondary real estate property, for instance.

In litigated divorce, a court will intervene and make the division for you. Absent another agreement between spouses, the portion of retirement and investment accounts acquired during the marriage are typically considered community property and are subject to an even 50-50 split.

For pension plans, you will need a qualified domestic relations order (QDRO) to enforce the results of any divorce agreement. These are technical documents with exacting specifications, but our experienced attorneys work with experts to craft the documents you need to achieve your goals.

Start Your Future On Solid Footing

Your future quality of life depends on retirement accounts and other investments, so you need to ensure that your divorce proceeds properly. We can help you start this next chapter in the most advantageous position possible.

Take control of your future. Learn about your rights. Give us a call at our Chula Vista office at 619-422-7722 or call us at our San Diego office at 858-275-2055, or contact us online.