Pension Division

In California, pensions and retirement benefits earned during a marriage are considered community property—meaning they are subject to division during divorce. Whether you’re dividing a 401(k), CalPERS/CalSTRS pension, military retirement, or private retirement plan, the process is legally complex and financially critical.

At Fernandez Family Law, we help individuals across San Luis Obispo, Santa Maria, Paso Robles, and the Central Coast fairly divide retirement benefits during divorce—protecting long-term security and ensuring compliance with both state law and federal retirement regulations.

How the Pension Division Process Works

Here’s how pension and retirement benefits are typically divided during divorce in California:

✅ Step 1: Identify and Value Retirement Accounts

We begin by identifying all retirement assets, including:

• 401(k)s, IRAs, and Roth IRAs
• CalPERS and CalSTRS plans
• Military pensions and federal pensions
• Private employer-sponsored plans

We assess which portions of the retirement accounts are community vs. separate property.

✅ Step 2: Hire an Actuary (If Needed)

For defined benefit pensions (like CalPERS), we may bring in a pension actuary to calculate the marital portion.

✅ Step 3: Draft a QDRO or Joinder

We draft a Qualified Domestic Relations Order (QDRO) or a Joinder (depending on the plan) to legally divide the pension.

✅ Step 4: Plan Administrator Review

We submit the QDRO or Joinder to the retirement plan administrator for approval before it can be filed with the court.

✅ Step 5: Final Judgment and Division

Once approved, the court enters the QDRO. The pension will then be divided according to the terms, either immediately or upon retirement.

What to Expect Emotionally & Legally During Pension Division

Dividing pensions during divorce can be one of the most stressful parts of the process, especially when the future feels uncertain.

You may be wondering:

• Will I lose part of my retirement savings?
• How do we divide a pension that hasn’t started paying out yet?
• What happens if I don’t know what my spouse has saved?
• Am I protected if I gave up my career to raise our children?

Here’s what you can expect with us:

• A clear, step-by-step legal and financial roadmap
• Expert valuation and document preparation
• Strategic negotiation to protect what you’ve earned
• Fair division that respects both short-term needs and long-term security

We protect what you’ve worked for—and help secure your financial future.

What Makes Fernandez Family Law Different

We know pensions. We know the Central Coast. And we know how to protect your rights.

Here’s what sets us apart:

• ✅ Extensive Experience with QDROs and Joinders – We’ve handled hundreds of retirement division cases across all major California and federal plans.
• ✅ Close Coordination with Financial Experts – We work with trusted actuaries and QDRO attorneys when needed to ensure accuracy.
• ✅ Local Court Familiarity – We know how San Luis Obispo and Santa Barbara County courts handle retirement divisions.
• ✅ Comprehensive Divorce Strategy – Pension division is part of a bigger picture—we make sure your full financial outcome is protected.

Speak to a Central Coast Divorce Attorney Today

Whether you’re a working professional, military member, teacher, or stay-at-home spouse, your retirement matters. Don’t leave your future to chance—or an unfair division.

At Fernandez Family Law, we guide clients across the Central Coast through the complexities of pension division with precision, protection, and a plan.

📞 Call today to schedule your confidential consultation.
Because you worked hard for your retirement—and we’ll help you protect it.