Las Vegas Divorce Lawyers – Are Retirement Plans Considered Community Property

The attorneys at Right Divorce Lawyers in Las Vegas specialize in helping clients resolve their divorces in the most favorable way possible. Often, the most important issue during a divorce is how to divide property and debt. In Nevada, any income and all property that the couple acquired during the marriage is community property, meaning the court will evenly divide it between the spouses.

Examples of community property include real estate, vehicles, stocks, bonds and savings accounts. As you can imagine, it often becomes difficult to determine whether an asset is community or separate property. For example, many clients ask whether or not the court will evenly divide retirement plans.

Retirement accounts encompass everything from pension plans and 401ks to individual retirement accounts and public-employee retirement accounts. The courts in Las Vegas view these plans as community property, in part. The determining factor is the overlapping period of time between the marriage and the acquirement of the asset.

For instance, if you began the account the year after you married and divorced the year after you retired, then the court would split the property equally. However, if the marriage only spanned half of the time the you contributed to the account, then your spouse would only be entitled to a quarter of the asset. In other words, the amount that is equally distributed is based on the percentage of time the marriage covers of the time spent building the asset.

During any divorce, there are many of these types of issues that are not easily resolved without an attorney, which is why it is always best to consult one if you plan to divorce.


You may also like

How Do We Trace Separate Property Out of Community Property?
Divorce attorney Meredith Weiner explains the best way to trace separate property out of community property is to look at bank statements. The bank statements will show where the property came from and where it went to.
How Does the Court Use an A/B List to Divide Property?
Divorce attorney Rock Rocheleau explains how the courts use an A/B list to divide property. The courts will have one party write out two lists of personal property. There will be an A list and a B list. It is important that the property is equally divided on the lists because the second party will get to choose which list they prefer.
How Do Courts Like to Divide Community Property?
The goal of the courts is to divide community property as equitable as possible. In this video, divorce attorney Meredith Weiner provides an overview of how the courts divide community property. It is not necessarily a fifty-fifty split.
What if My Spouse and I don't Have Any Assets Together?
Divorcing but don't have any cars, bank accounts, or credit cards together. You can file an uncontested divorce. Divorce attorney explains how to file an uncontested divorce.
Dividing Property and Assets in a Divorce
Divorce lawyer, Stacy Rocheleau, discusses how the Nevada courts divide property and assets of divorcing couples. Stacy has been a divorce attorney in Nevada for 15 years.
Community Property Explanation
The idea of giving the other spouse 50% is well known. In Las Vegas you only need to split 50% of community property and not separate property. Attorney Stacy Rocheleau explains what is community property.
Las Vegas Divorce Lawyers - Child Support Orders
What are the requirements for modifying a child support order? Attorney Stacy Rocheleau explains when and how.
Uncover What's Yours: Understanding Community Property Laws
Divorce attorney Meredith Weiner summarizes community property in this video. Community property is basically anything acquired during the course of the marriage. This includes both assets and debts.
What Are the Fees for an Uncontested Divorce?
At Right Divorce Lawyers, the fees for an uncontested divorce start at a $1,000 fixed fee. If there are children and there needs to be a custody plan and child support then the fixed fee is $1,500. If an attorney is needed to negotiate or extra help with the terms, those fees would start around $2,500.
What Are the Five Areas of a Contested Divorce We Need to Agree On?
In this video, divorce attorney Rock Rocheleau discusses five areas of a contested divorce that spouses need to agree on. Spouses must agree on child custody, child support, division of community property assets, division of community property debts and alimony. If spouses are not able to agree on these five areas, they must go before the judge and provide evidence supporting what they want.
Page 1 of 2