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Yelman & Associates

Yelman

San Diego Retirement Assets Attorney

Community property is divided equally among the spouses. Retirement assets may take various forms and as such are subject to the specific rules of division that apply to the specific asset. The asset must be examined and various questions must be addressed:

  • Is the asset fully matured and ready to be divided at this time?
  • At what point did the asset vest?
  • If the marriage occurred after the original retirement asset acquisition or vesting of one party, how much time was that spouse in the marriage?
  • In some cases there are severe tax consequences and penalties for early liquidation.

These are very broad points that are presented here simply as an overview; ask your attorney for specific guidance in your case.

The Time-Line Equation

In order to equate the percentage and amount of the interest of the other spouse, the time line equation is utilized:

  • The number of years of marriage is divided by the total number of years of the retirement asset and divided by two.
  • Each spouse gets their particular percentage of the final amount.
  • This may not be as simple as it appears – there are many instances when the retirement asset might have begun prior to the marriage, and the spouse entered the marriage for a number of years, yet the asset-owner spouse may still be working in the job that may not become redeemable until years later.

If you have retirement assets that are involved in your community estate, seek the professional help of  Yelman Family Lawyer.

Deferred Compensation Retirement Assets

There are certain deferred compensation assets that may be divided as part of the community estate. These may include:

  • Stock Options
  • Pension plans
  • Government pensions
  • Military pensions
  • Social Security
  • Railroad retirement
  • IRA accounts
  • Keogh plans
  • Termination benefits
  • Deferred compensation benefits
  • Disability
  • Life and other insurance
  • Other

There are too many to mention in this small space. Contact your Yelman Family Lawyer to discuss your deferred compensation assets.

Complimentary Phone Consultation with A San Diego, California Retirement Assets Attorney

We often work with certified public accountants and family planners when dealing with retirement assets. Every case brings its own circumstances that must be treated with great attention to detail. We are aware that retirement assets are extremely important to your emotional and financial wellbeing. Our San Diego divorce lawyers treat every client with the utmost respect, professional courtesy and individualized attention – because that is what each client deserves. We seek amicable and time-efficient solutions, yet we will always be prepared to fight for you in court when required. We are aggressive and experienced family lawyers and we get the results that our clients come to us for. For a complimentary telephone consultation with a Yelman Family Lawyer, please call us at (619) 282-1107, or (760) 480-8400.

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(619) 282.1107
(760) 480.8400

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Yelman & Associates

3333 Camino Del Rio South
Suite 140

San Diego, Ca 92108

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