Victorville, CA asked in Divorce for California

Q: How do you protect a pension in divorce?

We're trying to find a way to not have to split the retirement funds after a divorce. We know California is community property state but is there any way around it?

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3 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: You need to consult with a local family law attorney, and pay the fee for individual legal advice rather than seek it on an open forum like this. When the two parties are in agreement AND the division is fair, the Court will not stand in the way of whatever you negotiate, so long as everyone is treated fairly. But the papers need to be presented in the proper way to the court. You need an attorney to take care of that.

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Tobie Brina Waxman
Tobie Brina Waxman
Answered
  • Culver City, CA
  • Licensed in California

A: You can simply stipulate to waiving your interests in each other's retirement/pension/401k, etc. You can include this agreement in your judgment.

Manuel Alzamora Juarez
Manuel Alzamora Juarez
Answered
  • Berkeley, CA
  • Licensed in California

A: you can offer another asset or cash in lieu of your pension or if you have similar plans, you can agree not to attach each other's pension in your Marital Settlement Agreement. Best of luck,

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