Need Published Precident Cases Fed and CA state supporting Valuation of QDRO (defined plan retirement) as of separation date.

Asked almost 5 years ago - Walnut Creek, CA

Jurisdiction - Family Law, County of Contra Costa, CALIF

Two IRA Accounts (valuation @ 12/06 approx $40K.

My counsel (Petitioner) will not support my desire to value @ separation. Claims Calif law establishes valuation closest to decree date.

These accounts have suffered loss in value 60% effective today, and decree is not forthcoming anytime soon. Judge is new to family law and not familiar with this area.

These two accounts were left out of equaliztion of assets, but are listed in MSA to be QDRO'd. There are offset monies I presently owe because of this. I contend that the date of separation should pevail, not the decree date, and further that I do not share in gains or losses.

My research finds conflict of position on both sides of issue, but not supporting case law.
Pls help

Attorney answers (1)

  1. Richard Forrest Gould-Saltman

    Contributor Level 19

    Answered . Your counsel is right. Unless you have some facts showing the judge that the change in value from DOS at date of trial was somehow the result of one party's conduct, it seems unlikely that you'll be able to get an order for valuation at DOS.

    Equally importantly, given what I understand the value of the plans today to be, the cost in attorney fees of trying this issue might very well be greater than the difference in value.

    You may want to consult another experienced family law attorney in your area for a second opinion, but you're fighting an uphill battle.

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