Dividing Pensions and Retirement Plans

What happens to my retirement funds upon divorce? It is a common question and something that requires concern. The default rule is that retirement funds, pensions, 401k plans that are earned during the marriage are community property. That means for the period you were married, your spouse is entitled to half of the interest in the asset. This does not mean that your spouse is entitled to the asset for the period before the marriage or after separation. To better illustrate this, an example may be helpful. Jane and John are married in January 1990 and separate in January 2000. John has worked for his employer since 1980 and is still working currently. Jane could have an interest in John's retirement from marriage, January 1990 to separation January 2000. Her interest is one half of that 10 year period. Her interest ends at separation and she has no interest before the marriage. Clearly, these are very complicated issues. It is best to deal with an experienced Murrieta family law attorney in protecting your assets. Don't try to navigate these waters on your own. Call our office for a free consultation.