• Skip to main content
  • Skip to header right navigation
  • Skip to site footer
Collaborative Practice Silicon Valley

Collaborative Practice Silicon Valley

Resolving Conflicts Without Court since 1993

  • Find a Collaborative Professional
    • Financial Professionals
    • Divorce Attorneys
    • Communications Coaches
    • Resource Professionals
    • Emeritus Members
    • In Memorium
  • Classes
    • Divorce Options Classes
    • Trust & Estate Options Classes
  • Resources
  • FAQ
  • Join CPSV
  • Professional Articles
  • CPSV Blog
  • Contact
  • Members Login

The Division of Retirement Plans in a Divorce

by Sally Cooperrider, Attorney and Mediator

There are a lot of financial and other decisions to be made when a couple is separating. One issue is how to divide the pensions, 401(k)s, IRAs, and other retirement assets. If the couple works together in a Collaborative case or other negotiated divorce, they can find creative ways to divide these assets to fit within their overall future financial plans.

There are two main types of pensions: defined benefit (a monthly pension, like PERS) and defined contribution (a sum of money, like a 401(k)).

If both spouses have retirement accounts, one method of division is to determine the community property values of all the accounts so that they can be set off against each other. An actuary may be needed to determine the cash value of a defined benefit account, or to trace the community interest in a defined contribution account. A tax-free rollover is then made from the accounts of the spouse with more retirement assets to equalize the accounts.

If only one person has a defined contribution account, one-half of the community funds in that account can be rolled over to an account for the other spouse. A special order is needed to require the pension plan to divide the monthly pension benefits, or to roll over part or all of the assets in a defined contribution plan. The order is called a QDRO (Qualified Domestic Relations Order) for private sector plans, or a pension order for government plans.

In some cases the retirement assets can be traded against other assets, such as the house. If this is done, the retirement assets are sometimes valued with a discount, since they are pre-tax assets and will be taxed when withdrawn. If there are no assets to trade against, or if both spouses want the monthly income from a defined benefit pension, the pension benefits can be divided so that each spouse will receive a monthly check from the retirement plan upon retirement.

In order to decide what method of division is best for the spouses, and to see the effects of different methods on the finances of each party in the future, a divorce financial planner can be helpful. In a Collaborative Divorce, the financial planner will usually be part of the team. In other divorces, the financial planner can be consulted separately. The decision about the retirement accounts can then be incorporated into the overall divorce agreement.

Join a team of skilled conflict resolution experts.

Become a member of Collaborative Practice Silicon Valley!

Learn more!

Need a Professional?

Need a Lawyer?
Find a Divorce Attorney

Need help with finances in your divorce or estates issue? Find a Financial Professional

Need help with protecting your children and improving your communication during divorce? Find a Communications Coach

Contact

Collaborative Practice Silicon Valley
C/O Beth Proudfoot, LMFT
3880 S. Bascom, #115
San Jose, CA 95124

Use our contact form

Join us on

  • Facebook

Classes

Divorce Options: Third Saturday of every month, 10:00am-12:30pm via Zoom [Learn more]

Trusts & Estates: Next date TBD, 11:00 a.m. – 12:30 p.m. via Zoom [Learn more]

Navigation

  • Home
  • Find a Collaborative Professional
  • Classes
  • Resources
  • FAQ
  • Join CPSV
  • Professional Articles
  • CPSV Blog
  • Contact

Copyright © 2025 · Collaborative Practice Silicon Valley, a 501(c)6 organization · All Rights Reserved·

Return to top