The Tabo Law Firm

Dividing Retirement Accounts in Divorce: What You Need to Know

December 30, 2024

Dividing retirement accounts in divorce can be one of the most complex aspects of the process, but with the right guidance, it doesn’t have to be overwhelming. At The Tabo Law Firm, we understand the nuances of property division and are here to help you navigate your divorce with confidence.


When it comes to retirement accounts, any amount accrued during the marriage is typically considered community property and will be divided between you and your spouse. This is commonly done through a Qualified Domestic Relations Order (QDRO), which is a court order that splits the community property portion of your retirement accounts. If both you and your spouse have retirement accounts, the QDRO ensures each party receives their fair share.


However, there are other ways to handle this division, especially if you want to avoid the formal QDRO process. For example, if your retirement accounts are of similar value, you may negotiate a resolution where you each keep your accounts intact. Alternatively, if you want to retain more of your retirement savings, you might offer a higher spousal support payment or a larger share of the proceeds from the sale of a community property home.


At The Tabo Law Firm, we specialize in crafting creative solutions to protect your interests. Call us today at (916) 866-8856 to schedule a consultation. Our team is committed to finding the best approach for your unique situation.

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The Importance Of Enforceable Prenuptial Agreements in California

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Why You Can’t Waive Child Support in a Prenup

By The Tabo Law Firm • January 29, 2025
At The Tabo Law Firm, we know how important it is to protect your interests with a strong, enforceable premarital agreement. But when it comes to child support, there’s one thing you absolutely cannot do: waive it. California law makes it clear—child support is always modifiable based on change in circumstances. You can’t use a prenup to eliminate or limit this right because child support is designed to protect the best interests of the child, not the parents. Including provisions that violate this law will render your agreement unenforceable. When drafting premarital agreements, enforceability is our top priority. We ensure that every provision complies with California law, so your agreement stands up in court. Including anything illegal, such as an attempt to waive child support, undermines the entire contract and risks getting it thrown out. If you're considering a prenup, don’t leave its enforceability to chance. At The Tabo Law Firm, we specialize in crafting agreements that protect your interests while standing firm under California law. Call us today at 916-866-8856 to schedule a consultation and ensure your premarital agreement is legally sound and enforceable. Don’t risk your future—let’s secure it together!
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