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QDRO/Government Employee/Individual Retirement Plans

Government Employee/Individual Retirement Plans

For many spouses employed by governmental agencies, their respective retirement plans may be the most lucrative asset and primary source of income they depend on when they retire. These retirement plans can often be the most difficult part of a divorce and a prominent source of confusion amongst the parties and their attorneys since the funds in the plan are often considered to be a mixture of community and separate property.

At Wagner Family Law we have the experience and legal knowledge to help divorcing spouses protect their interest in a full range of investment and retirement vehicles including:

  • Retirement account such as a 401(k), 403B, or IRA's
  • Investment accounts and/or stock options
  • Stocks, bonds and certificates of deposits
  • Pensions, annuities, government retirement vehicles such as CalPERS and Callister‘s
  • Corporate dividends and other forms of compensations

These retirement assets are not easily divided in a divorce. Due to federal regulations in the law called ERISA, retirement benefit plans are often subject to complicated rules which control how they must be treated in a divorce for any division to be valid.


Often, divorcing spouses with a CalPERS or CalSTRS retirement plan, must obtain a Qualified Domestic Relations Order (QDRO) to comply with the requirements of ERISA and the tax code.

A QDRO is a court order obtained during a divorce that will be provided to the administrator of an employer sponsored retirement plan. Divorcing parties cannot create a QDRO by their own agreement and provide it to the retirement plan administrator; only a Court can create a QDRO.  Jason Wagner has many years of experience in working with the division of retirement funds in divorce and attaining valid QDRO's for his clients.

How an Experienced Family Law Attorney Can Help

Jason can help the parties conduct an efficient and detailed assessment of their retirement accounts/investments with the help of independent financial as experts if necessary. Jason has worked extensively with forensics accountants and financial experts who value pensions such as CalPERS and CalSTRS. Jason Wagner's goal is to ensure that these assets are dealt with and protected in a timely and cost effective manner. 

Contact Jason Wagner today for assistance with your retirement assets. Whether it is a small pension or a modest 401(k) that is in question--or even a high value investment or business interest in a complex marital estate--Jason Wagner has the skill and resources to provide a thorough and accurate mediation that will assist with a valuation and division of assets and liabilities within the retirement plan. Contact us today by filling out our online form or calling at 916-238-3884 to see how we can help you. 

Contact Us Today

Wagner Family Law is committed to answering your questions about Family Law Mediation, Collaborative Divorce, Private Settlement Conference, Mediated Settlement Agreements, Consulting and Second Opinions, Modification of Spousal/Child Support, Mediated Custody Agreements and Mediated Pre & Post Marital Agreements Law issues in Northeastern California including Sacramento and surrounding areas.

We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

Wagner Family Law, Inc. 3626 Fair Oaks Blvd Suite 189, Sacramento, CA, 95864