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James D. Madden & Aruna P. Rodrigo, Family Law Attorneys

How to Divide Pensions in a Divorce

Rancho Cucamonga Divorce Lawyers on Your Side

Are you going through a divorce? Do you have a pension plan? In the state of California, pension plans are divided upon the divorce in the same manner that other property is divided. The division of pension plans requires more work and can be more complicated for the dissolution of marriage. Pension plans may be made more difficult to divide when you try to factor in the amount contributed prior to the marriage or try to evaluate the future value of the plan based on inflation and other factors. Complex assets like pensions can require the help of a Rancho Cucamonga divorce attorney.

Having a divorce attorney during this time can help you:

  • Protect the pension plan so it is accurately divided
  • Go through the proper qualified domestic relations orders
  • Understand what is considered community property in regards to your pension plan

Learn about your rights in a free consultation by calling (909) 992-0188.

Can My Pension be Split in a Divorce?

While the funds and benefits individuals receive for pension plans are not available until retirement age, the plan can still be split during the divorce long before that time. It is possible for divorcing couples to come up with an agreement on their own, but because of the intricacies involved, it may be more advisable to hire an actuary, who can help determine value of the pension plan. This can also help you understand if you get to keep portions of your pension plan. For instance, if you worked a number of years and contributed to your pension plan prior to the marriage, you may be entitled to keep the entire amount of the pension earned before marriage.

For some cases, federal government pension plans may not have to be included, but plans with the state do. This is when some pension plans are considered as a party in the matter. This may be necessary before the court can actually issue a ruling on these.

Separate Property vs. Community Property

Pension plans fall under California’s Family Code regarding property division. This splits up property based on community and separate categories. Community property includes assets and earnings that were acquired during the duration of the marriage. Assets earned prior to the marriage are considered separate and are not included in the property division process.

If you are going through a divorce and have a pension plan that may complicate the property division process, trust in our Rancho Cucamonga divorce attorneys at James D. Madden, Attorney at Law to help you. Discover your options when you speak with us about the individual details of your case.

Call our firm today at (909) 992-0188.

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