Retirement Benefits in a Divorce

Protecting Family Law Clients' Retirement Benefits Since 1994

Few assets affect your future more than retirement benefits and investment funds. If you are facing a divorce, it is essential that you obtain experienced help in protecting your right to retain your retirement benefits in a divorce and to receive your fair share of your spouse's benefits.

At the San Diego family law firm of Naimish & Lewis, firm partners Elizabeth Lewis and Mary Naimish have successfully protected the retirement benefit rights of hundreds of divorcing clients, including clients' rights regarding:

• 401(k) and Roth accounts
• Employer matching retirement funds
• Military benefits
• IRA accounts
• Social Security benefits

Do you have questions regarding divorce law and retirement benefits? Contact Naimish & Lewis at 619-817-8458 or 866-834-4075.

California's community property laws govern retirement benefits during divorce, meaning that assets and benefits will generally be divided equally. However, legal complexities often come into play. For instance:

• Often, the "Brown Timeline" calculation is used to calculate benefits. The Brown Timeline calculates spouses' benefits by dividing the number of months you were married by the total number of dollars you contributed.
• The division of retirement benefits is often complicated by the fact that one or more spouses has not yet retired. When this occurs, future benefit payments must be calculated.
• If you are a military member, often your retirement is reduce by VA benefits. This additionally reduces the community interest in your retirement.

We can handle each step of your divorce and protect your assets and financial share of the marital estate. Your right to retirement benefits is far too important to be left to chance. To ensure your rights are protected, contact our office for a no-charge discussion of your family law questions.

Contact Us

If you face a family law challenge in San Diego County, contact the attorney team of Naimish & Lewis. We offer free initial consultations, accept Visa, Master Card, American Express and Discover, employ two Spanish speakers and are conveniently located close to Liberty Station, formerly known as the Naval Training Center. We also offer payment plans. To contact a lawyer, call 619-817-8458 or 866-834-4075.