Is CalSTRS Retirement for Teachers Community Property in a San Diego or Carlsbad Divorce?

Is CalSTRS Retirement for Teachers Community Property in a Divorce?

Pierre Domercq Community Property Division

Is CalSTRS retirement for teachers community property in a Carlsbad or San Diego divorce?  How will a CalSTRS teacher’s retirement account be handled in your divorce? We are often asked about the disposition of a teacher’s retirement account at CalSTRS.  The California State Teacher’s Retirement System was established in 1913 to provide disability, retirement and survivor benefits for California teachers, …

Minimize Financial Risks During Your Divorce

Minimize Financial Risks During Your Divorce

Pierre Domercq Divorce

What steps can you take to minimize financial risks during your divorce?  What do you need to know about financial aspects of your divorce and the basis for making sound decisions? Some California couples going through a divorce might be familiar with the process because of prior marriages.  However, most of those contemplating or going through a divorce are unfamiliar …

Retirement Divided in Divorce When Only Part of the Years Served

Retirement Assets and Property Division in a North County Divorce

Pierre Domercq Divorce

How are issues such as retirement assets and property division in a North County divorce going to be handled? Does the social security, retirement accounts, retirement benefits or the pension of either or both parties come into play? Almost every North County or Carlsbad divorce case involves the division of retirement assets. The experienced divorce attorneys at Burke & Domercq …

Fiduciary Duties of Former Spouses During a Divorce

Important Financial Issues to Consider Before Filing a Divorce

Pierre Domercq Divorce

What are the important financial issues to consider before filing a divorce?  In California and around the country, there is commonly an uptick in the number of divorce filings after the New Year.  Many people choose to file for divorce at the beginning of the year so they can start their lives afresh.  New divorce filings often pick up after …

What is a QDRO and Why is a QDRO Important in a Carlsbad Divorce

What is a QDRO and Why is a QDRO Important in a Carlsbad Divorce?

Pierre Domercq Retirement Asset Division

What is a QDRO and why is a QDRO important in a Carlsbad divorce? A Qualified Domestic Relations Order or QDRO is a legal document which allows the administrator of a retirement plan such as a 401(k) to actually act upon the orders of a judge in a Carlsbad, Oceanside, Encinitas or North County divorce. Retirement accounts, or at least …

How Will Your 401(k) be Handled in a Divorce

How Will Your 401(k) be Handled in a Divorce?

Pierre Domercq Divorce

How will your 401(k) be handled in a divorce in Carlsbad, Oceanside, Encinitas or North County San Diego?  Retirement assets such as a 401(k) are considered in the same manner as “community property” and marital contributions are usually fairly or equally divided between the parties. If you entered the marriage with a balance in your 401(k) the “community property” value …

How are Retirement Assets Usually Divided in a North County Divorce

How are Retirement Assets Usually Divided in a North County Divorce?

Pierre Domercq Divorce

Here in North County San Diego, how are retirement assets usually divided in a North County divorce?  Retirement assets are usually characterized as “community property” and therefore must be divided equally as part of the community property division process.  If the parties retirement assets are 401(k)s the Court must issue separate orders for the division of the retirement asset.  These …