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Family Law - Retirement/Pension Plan Division

Sacramento Retirement Division Attorney, Sacramento Pension Plan Division Lawyer

If you are going through a divorce, the division of marital property can be emotional and contentious. The division of marital property will have both immediate and long-term impact on the financial circumstances of the divorcing spouses. Pension plan lawyer can assist with the division of marital property and with the identification of separate property to be included in a dissolution judgment.

Property and income that is acquired during a marriage is marital property. Many people do not realize that marital property includes retirement plan and pension plans benefits. Even though it is money earned through the labor of only one spouse, pension plans and retirement plans can be legally divided between the spouses. If not divided properly, one party could lose their rights in a pension.

A defined benefit pension plan is a benefit in which an employee receives periodic payments from an employer based on years of employment and rate of compensation. Defined contribution pension plans include 401K plans and individual retirement (IRA) plans. A qualified domestic relations order (QDRO) is the legally enforceable document stating the amount of these benefits that goes to each party in a divorce. The terms of the QDRO can be based on an agreement reached by both parties, or it can be determined by the court.

If you are in Sacramento, California and need the representation of an experienced pension plan lawyer to help you make sure you get what you are entitled to in a divorce, contact Robert Kitay, Attorney-at-Law. He can help you with any aspect of a divorce, including division of marital property assets such as pension plans, and retirement plans.



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