Protect Your Retirement Savings In Divorce

Couples divorcing after many years frequently have significant retirement savings put aside in qualified (tax-deferred) retirement accounts such as 401(k) plans, Roth IRAs and pensions. Under California law, any money contributed toward these accounts during the course of the marriage is subject to equitable distribution between the parties, even if only one of the spouses contributed all or a significant percentage of the total.

Laughlin Legal, PC has years of experience protecting the rights of our clients in property division matters related to retirement savings, pensions and deferred compensation.

We help people protect their rights in marital property settlements related to:

  • 401(k) retirement plans and extant loans
  • IRA retirement savings
  • Pension annuity
  • Military retirement benefits
  • Deferred compensation, commissions and bonuses

How Are Retirement Assets Divided Equitably?

Equitable distribution does not necessarily mean the account(s) will be cashed out and the money distributed 50/50. There are many strategies to pursue to ensure the parties agree on the distribution of assets, either immediately or at a future date. The final resolution must be set out legally in what is referred to as a qualified domestic relations order (QDRO), to ensure the agreement is a court-approved and supervised order.

Contact Us To Learn More

If you are concerned about the equitable distribution of your retirement savings and future earnings in your divorce, talk to an experienced California divorce professional. Call us at 650-389-9344 or contact our offices in Foster City by email to schedule a consultation.