5 August 2011 0 Comments

Divorce and retirement benefits

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While you prepare to divide your assets in your divorce, the question of retirement benefits will come into light.  Retirement benefits represent an important part of property division when a married couple is undergoing a divorce.

In California, accrued or vested retirement benefits are considered to be marital or community property – based on the fact that they resulted from the efforts of both spouses.  These benefits include employee stock options, 401K, military pensions, veteran’s educational benefits, IRSs, Keoghs, etc.  Benefits not considered to be community property include Social Security payments, compensation for a military injury or a worker’s compensation disability award.  There are several ways to handle division of retirement benefits.

Property division, especially retirement benefits division, can be a complex and complicated matter.  It would be wise to consult with an experienced Riverside Family Law attorney who will protect your long-term financial interests.

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