Tutorial video in a series of DIY divorce videos explaining how to join a retirement plan to a divorce case using FL-372 and other court forms.

“Joinder” means to make the retirement plan a party to your divorce case. Some retirement plan require you to join them to the divorce case before they will honor a QDRO or Qualified Domestic Relations Order.

Usually, you do not have to worry about joinder. However, most retirement plans that are associated with a California public entity, for example, a retirement that was earned by working for a city, a county, the State of California or some other public entity in California, will not honor a QDRO unless the public entity has been made a party to the divorce action. This means you have to “join” the retirement plan to your divorce case.

You accomplish the joinder by completing three Judicial Council forms, filing those forms with the court clerk, and then mailing filed-endorsed copies of the forms, together with a blank “Notice of Appearance” form, to the retirement plan administrator. The required forms are as follows:

1. Request For Joinder Of Employee Benefit Plan & Order (FL-372).
2. Pleading On Joinder – Employee Benefit Plan (FL-370).
3. Summons (Joinder) FL-375.
4. Notice of Appearance And Response Of Employee Benefit Plan (FL-374).

After you fill out the joinder forms and file the forms with the court, you need to serve the joinder forms on the plan administrator.
However, you do not need to have a process server formally serve the joinder forms on the plan administrator. You only have to mail them to the administrator. A good practice is to fill out the joinder papers, file them with the court clerk, and mail them to the plan administrator at the same time you send the administrator the certified copy of your QDRO. The retirement plan administrator won’t file the Notice of Appearance with the court. The administrator will not actually “appear” in your divorce case. You just have to jump through the hoop of joining the retirement plan to the divorce action as part of the process of getting the government retirement plan to honor your QDRO.

The United States government does not require the joinder process. Nor do most non-government retirement plan administrators. If you or your spouse earned your retirement benefits by working for the federal government or by working for a private company, you will not need to bother with the joinder pleadings….(read more)

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How to Join a Retirement Plan to California Divorce Case – Video #18 (2021)

Divorce cases can often be complex and involve various financial aspects that need to be resolved. One important aspect that many individuals may overlook is the division of retirement plans. Retirement plans are often one of the largest assets in a marriage, and it is crucial to ensure a fair division of these assets during divorce proceedings. In California, joining a retirement plan to a divorce case involves following specific steps outlined by the state’s laws. In this article, we will discuss how to join a retirement plan to a California divorce case, focusing on the information provided in Video #18 (2021).

The first step in joining a retirement plan to a divorce case is to gather all the necessary information related to the retirement plan. This includes obtaining copies of the retirement plan documents, such as the summary plan description, the plan’s terms and conditions, and any amendments or changes made to the plan over the years. It is essential to have a comprehensive understanding of the retirement plan’s provisions to ensure accurate evaluation and division during the divorce proceedings.

Once you have gathered all the relevant retirement plan documents, you need to complete the necessary legal paperwork to join the retirement plan to the divorce case. As explained in Video #18 (2021), the specific documents required can vary based on the retirement plan and the divorce case itself. However, common documents typically include a joinder or a similar legal document, which needs to be properly completed and filed with the court. This document officially adds the retirement plan to the divorce case and enables the court to have jurisdiction over the plan.

It is crucial to ensure that the retirement plan’s administrator receives a copy of the joinder document. The plan administrator is responsible for managing and administering the retirement plan and needs to be informed of its inclusion in the divorce case. Providing a copy of the joinder document to the plan administrator allows them to participate in the proceedings and provide the necessary information and documentation for the court.

Once the retirement plan has been joined to the divorce case, the court will evaluate the plan to determine the fair and equitable division of the retirement assets. California follows community property laws, which generally means that retirement plans acquired during the marriage are considered community property and must be divided equally between the spouses. However, other factors, such as the length of the marriage, each spouse’s contributions to the plan, and the spouse’s financial situations, can also influence the division of retirement assets.

It is important to note that joining a retirement plan to a divorce case is a legal process that requires careful attention to detail and adherence to established procedures. It is strongly recommended to consult with an experienced divorce attorney who can guide you through the process and ensure that all necessary steps are taken correctly.

In conclusion, joining a retirement plan to a California divorce case involves gathering all the relevant retirement plan documents, completing the necessary legal paperwork, and informing the plan administrator. By following the steps outlined in Video #18 (2021), individuals can ensure a fair division of retirement assets during divorce proceedings in California.