Qualified Domestic Relations Orders (QRDO) in California – An Overview

A Qualified Domestic Relations Order (QDRO) is a court order issued as part of a divorce proceeding primarily to divide retirement or pension benefits between former spouses. It gives the alternate payee the right to receive all or a portion of the participant’s benefits payable under a pension plan, 401(k) plan or other qualified retirement plan

In California, retirement benefits earned from the date of marriage to the date of separation are considered community property and are subject to division between spouses upon divorce. This includes contributions made to retirement plans during the marriage, as well as any gains or losses. 

The […]

By |Child & Spousal Support|
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Can I change my divorce judgment even if it’s already filed?

In California, changing a divorce judgment after it is finalized is possible, and it doesn’t always have to be a complex process. The courts recognize the importance of adapting to unforeseen developments that may impact the fairness and appropriateness of the original divorce settlement.

A modification could be to change the amount of spousal support to be paid or even the termination of spousal support. Sometimes the parties might want to change how pension benefits or other assets will be handled.

One common reason for a modification is due to a significant change in circumstances that affects the best interest of the […]

By |Divorce|
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HEGGSTAD PETITIONS – What Is It and How Does It Work?

As more living trusts are created, more Heggstad Petitions are filed in California’s probate courts. What is a Heggstad Petition ? It is a legal way to put a deceased person’s property into their living trust that had been inadvertently excluded. Although there are less costs, time and steps involved in filing a Heggstad than filing a regular probate, why would anyone want to put their loved ones and beneficiaries through that? The whole point of the living trust was to save time, money, headaches and keep your affairs private. Don’t let this happen to your loved ones.

It’s very simple […]

By |Misc, Probate|
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Dividing Real Estate in a Divorce

California state guidelines divide assets and debts equally. When the parties to a divorce want to keep their break up out of the courtroom and come to an agreement, they can handle the issues the way they want to. People are able to do this if they both understand their rights, disclose information completely, cooperate with each other, and are able to remain reasonably calm.

Real estate and retirement accounts are usually the most valuable assets acquired during a marriage. People in agreement, usually find that dividing the retirement plan is easy after deciding on the amount and having it divided […]

By |Community Property|
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DISCLOSURES – What are they and Why are they So Important?

In processes for Divorce or Legal Separation, one of the requirements before getting a final judgment to terminate the relationship is to disclose information. It is mandatory to share details regarding current assets, debts, income and expenses with the other party to avoid risking having a judgment thrown out because information was knowingly withheld.

The forms used to share the information are the FL 160 – the Property Declaration and the FL 150 – the Income and Expense Declaration.  This information is sometimes exchanged more than once when the process is lengthy and circumstances change. The information provided should be complete […]

By |Child & Spousal Support, Community Property, Court Forms, Divorce, Legal Separation|
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