Family Law Attorney in Sacramento – Retirement/Pension Plan
All retirement, pension, and deferred compensation plan contributions by a spouse, as well as any matching or other contributions by an employer, during the marriage are community property. In today’s world, where divorce is common and people often re-marry more than once, a retirement, pension, or deferred compensation plan may be both community and separate.
In order to properly divide such a plan, a Qualified Domestic Relations Order (QDRO), or Domestic Relations Order (DRO), is required. This is an order prepared after the Entry of Judgment, which divides the retirement, pension, or deferred compensation plan. Until the QDRO is prepared, signed by a Judge, and served on the plan administrator, the division does not occur. Getting a QDRO, for the lay person, can be very difficult. Each plan administrator may have its own in house rules and procedure. Moreover, there is a large and complex body of federal law that has to be understood and observed.
In order to obtain a QDRO (or DRO), you really should consult with an experienced family law attorney as quickly as possible to learn what law(s) apply to your situation, what litigation strategy would be most beneficial to achieving your goals, and what the estimated costs of the litigation may be.
For more information or to schedule an appointment with an experienced family law attorney in Sacramento contact The Law Office of Robert N. Kitay. It is important to protect your legal rights.
Call Us Today: (916) 266-0188
Law Office of Robert N. Kitay
2508 Garfield Avenue, Suite A
Carmichael CA 95608
Tel: (916) 266-0188
Fax: (916) 266-0198