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If I Have More Money in my 401k Account Than my Spouse Must We Equalize It in a California Divorce?

I am often asked questions about retirement account division in California divorces. Here’s an example: “We are getting a divorce. I have $20,000 more than my husband in my 401k. Should we do a qualified domestic relations order (QDRO) or should I make an equalizing payment?” Answer: It would be simpler to just pay him… Read More »

What happens to my retirement accounts in a California divorce?

In California, all types of retirement benefits are considered community property, which requires the benefits to be divided upon a dissolution of marriage. Community property is the contributions you made and the service credit you accrued and/or purchased during your marriage or domestic partnership. Generally, your former spouse’s community property interest may be up to… Read More »