How Are Pensions Divided in a Divorce?

Don’t Wait To Be Caught By Surprise

While pensions are treated the same as other types of property in California divorces, they are fairly complex assets that require a significant amount of work to determine just how it should be divided. Key parts of this process involve factoring in how much each spouse contributed to the pension before they were married as well as how inflation and other factors will affect the future value of the asset. If you or your soon to be ex-spouse has a pension, it’s in your best interest to hire an experienced family law lawyer to help you understand and navigate this process.

At Family Law Advocacy Group, our San Bernardino family lawyer has spent more than a decade representing families and individuals in their divorce cases. We pride ourselves on giving our clients the knowledge, support, and experienced legal counsel they need to secure a beneficial outcome. No matter how far along you are in your divorce process, contact us today to speak with a member of our staff and learn more about how we can help.

What Kind Of Division Can I Expect?

Even though the benefits and funds that make up a pension plan don’t become available until you reach retirement, it can still be split ahead of time. If you have an amicable relationship with your soon to be ex-spouse, you may feel like you can come to an agreement with your soon to be ex-spouse without the help of an experienced attorney. However, there are a number of situations that may allow you to keep a larger portion, and possibly the entirety, of the plan.

One example is if you worked and contributed to your pension plan for a number of years before your marriage, you are likely to be entitled to a larger percentage of the plan. Another example that could affect the division is if you have a federal government pension plan rather than a state plan – some of these plans may not need to be considered in the divorce process at all, allowing you to keep it in its entirety.

How Can A Divorce Attorney Help Me?

A qualified divorce attorney can help you understand just how much of your pension plan is considered community property rather than separate property, put together a plan to protect your pension so you don’t need to give up any more of it than you need to, make sure that the correct qualified domestic relations orders are entered, among other things.

Hire A Qualified Attorney Today

Divorces put a lot of stress on all parties involved, and you may feel overwhelmed by all of the constant attention and management your case requires. At Family Law Advocacy Group, our San Bernardino family law attorney has helped hundreds of clients successfully navigate the process by providing them with the knowledge and support they need.