Protecting Your Retirement Plans In Divorce 

"As in all successful ventures, the foundation of a good retirement is planning," said author Earl Nightingale.

But what happens when you have carefully planned for retirement, only to face the possibility of losing it all in divorce? Will you have enough to retire on if your spouse claims part of your 401(k) or IRA? Are there other options that would allow you to retain a strong financial foundation?

At Sena Family Law & Mediation Practice in San Francisco, our attorney has the in-depth knowledge you need to protect your interests. Cheryl A. Sena is a certified family law specialist and mediator with decades of experience. She handles the division of the following types of retirement accounts, among others:

  • Pensions
  • Deferred compensation
  • 401(k) plans and other defined-contribution accounts
  • Traditional, tax-deductible individual retirement accounts or arrangements (IRAs)
  • Post-tax contributions to Roth IRAs
  • SEP and SIMPLE IRAs for employer contributions
  • Other assets held in retirement accounts

Retirement Accounts Are Often Considered Community Property

In California, any funds contributed to retirement accounts during marriage are considered community property. This means that they are subject to division during the marital dissolution process, just like the family home and other assets.

This is a complex facet of divorce, calling for highly skilled counsel. A mistake could threaten your financial security and your ability to live comfortably in years to come. Let our law firm provide the detailed legal counsel you require.

Choosing The Best Plan Of Action For Your Unique Situation

There are many ways that divorcing parties can handle their retirement accounts, including present-day valuations and/or offsets one to the next. In every case, however, you must take tax issues into consideration, because many retirement plans involve pretax accounts.

As needed, Ms. Sena will work with financial planners and other experts to ensure that you understand the full scope of your retirement assets and can make an informed decision about how to allocate them. Her mission is to identify your long-term needs and goals, then develop an effective property division strategy.

To arrange a free initial consultation with our lawyer, call Sena Family Law & Mediation Practice at 415-906-2556 or contact us online today.