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Protect your future in complex California property division proceedings

Financial matters are a major concern in California divorces. Both spouses are concerned with their financial stability after the divorce has been finalized, and the courts consider a number of factors in an effort to ensure that each spouse receives a fair share of all eligible assets.

In the midst of trying to work through the immediate issues of a divorce, however, one area that can be easy to forget is your long-term retirement. There is a great deal of misinformation and lack of understanding regarding retirement accounts and how they are handled as part of the marital estate. Do they belong to the spouse whose name is on the account? Is the other spouse entitled to a share of the account in a divorce? Let us try to shed a little light on the matter for you.

Your right to a share of the retirement accounts in a California divorce

Any increase in the value of a retirement account during the marriage, including employee contributions and employer matches, is considered part of the marital estate under California law and is subject to division in the event of a divorce. Examples of the accounts that may be subject to division in a California divorce can include 401(k)s, IRAs, pensions and government employee retirement plans, among others.

Determining the marital portion of each account can be extremely complex, and, once the marital portion has been identified, working through the actual process of dividing the accounts requires a very skilled hand. Qualified attorneys can help to protect your interests in these matters. They can bring in financial experts and others to help identify all eligible retirement accounts, including any that the account owner might be attempting to hide.

Whether you are the non-participant spouse who is seeking a fair share of the retirement funds or the participant spouse who wishes to protect the maximum level of the accounts, you would be well advised to seek the advice of a lawyer as soon as possible.

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Minutes From Downtown Sacramento

Our office is conveniently located off Highway 50, just three miles from the Sacramento County Family Courthouse and minutes from Downtown Sacramento. For your convenience, we accept all major credit cards.

Victoria S. Linder Law Office
5303 Folsom Boulevard
Sacramento, CA 95819

Phone: 916-905-4805
Fax: 916-498-0127
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