Retirement accounts and pensions are often one of the biggest assets to be divided in a divorce or legal separation. Certain types of retirement accounts and pensions must be joined to the case, so that the court’s order for division of the account can be followed. Information about what types of plans must be joined and which do not need to be can be found on California Judicial Council Form FL-318-Info or by talking to a lawyer.
If your plan does need to be joined to the case so that it can be divided, you can do so using the Judicial Council Forms for joinder, which range from numbers FL-370 to FL-375. The forms that are required depend on the circumstances of your case. Joinder of a retirement plan is generally a formality, without any party or the plan itself objecting. The forms must be served on the retirement plan as well as the other side so that all parties and the plan are aware of what is happening and also filed with the court. The retirement plan itself will file a form with the court so that the court knows that they are aware of the joinder.
Some types of retirement plans will require a Qualified Domestic Relations Order or QDRO for division. This type of order can be complex, and we recommend speaking to a lawyer about it to learn more. Others plans can be divided as part of a court order or judgment.
To learn more, visit https://www.romanovskalaw.com or call 415-347-0584.
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