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Addressing retirement assets important part of divorce

On Behalf of Cullen Family Law Group | Jul 1, 2015 | Divorce |

One of the toughest situations a person in California may face in life is going through a divorce. It can affect both men and women, but a majority of women, in particular, face a decline of 40 percent in their standard of living following divorce. Taking the right steps early on to adjust to life after divorce may help to mitigate the negative financial impacts of divorce. 

With divorce often dramatically affecting a person’s retirement goals, it is important for people to pursue a qualified domestic relations order, or QDRO, for the retirement assets to which they are entitled in their soon-to-be ex- spouses’ employer-sponsored retirement plans. The QDRO can help people to preserve as well as enforce their financial interests. It is also wise for individuals to create rollover individual retirement accounts, or IRAs, in their names. An IRA will allow a person to get any assets due to him or her from an ex’s IRA in accordance with their divorce settlement. Getting cash distributions may trigger tax consequences that are costly.

Divorcing people would also be wise to update their title papers and deeds in order to reflect property ownership changes. Notifying lien and mortgage holders of these changes is also important. It is also necessary to notify tax authorities of changes in who is responsible for payments of real estate taxes.

Divorce in California can be complicated, particularly for those who have high-value assets or many assets. If two people can negotiate the division of assets and property, this can help them to avoid further court intrusion and achieve a personally favorable settlement that will financially benefit them in the long run. If not, a judge will have to make these important decisions for them.

hometownlife.com, “Financial checklist is a must when divorcing a spouse“, Paula Swain, June 25, 2015 

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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