San Jose Office
1100 Lincoln Avenue, Suite 388

San Jose, CA 95125
(408) 834-7478

Redwood Shores Office
303 Twin Dolphin Drive, 6th Floor
Redwood City, CA 94065
(650) 331-3475

La Jolla Office
4445 Eastgate Mall Suite 200 

San Diego, CA 92121

​(888) 545-3003

Bay Area Divorces © 2017 ALL RIGHTS RESERVED


Retirement accounts are difficult to split and have different rules applicable to them depending on the type of account. California courts advise parties with pension plans to seek attorney help in dividing these assets. Many times attorneys seek the help of accountants in order to draft instructions on how to divide pension plan assets. These instructions become a Qualified Domestic Relations Order (QDRO) once they are signed by the judge. These orders contain special instructions to the retirement plan administrators on how to divide the retirement plan.

You don’t need a QDRO for:

  • IRAs

You need a QDRO for the following retirement plans:

  • 401(k), 403(b), and 457 plans
  • Thrift plans
  • Profit-sharing plans
  • Money purchase plans
  • Employee stock ownership plans
  • Tax-sheltered annuities, and
  • Business/ corporate defined benefit or pension plans.