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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