The beginning of a new year often leads to financial planning, new goals as well as considerations of major life changes. January is one of the highest months for divorce filings in San Diego. One of the most common issues is the division of retirement accounts in a San Diego divorce. Pensions, 401(k)s, and other retirement accounts are often some…
Retirement
How To Plan for a Gray Divorce in San Diego
Are you above the age of 50 and considering a divorce? You are not alone. Divorce over the age of 50, also known as “Gray Divorce” has significantly increased over the past several years. It is important to know how to plan for a gray divorce in San Diego in order to protect what is important in your present and…
Is CalSTRS Retirement for Teachers Community Property in a Divorce?
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
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 Assets and Property Division in a North County 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…
Important Financial Issues to Consider Before Filing a 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? 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…
Gray Divorce in Carlsbad or North County
What is a gray divorce in Carlsbad or North County San Diego? The term “Gray Divorce” has gained a lot of visibility in the past several years. Gray divorce refers to cases when the parties are 50 years of age or older. There were concerns in recent studies which showed gray divorce had doubled over the past 30 years. It…
How Will Your 401(k) be Handled in a 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?
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…