Protecting Retirement Accounts with a San Jose Prenuptial Agreement
Planning a wedding often means making big decisions about your future, such as where to live, how to manage finances, and how to protect what you’ve built. For many professionals in San Jose, retirement accounts represent one of the most valuable assets they bring into a marriage.
Whether you’ve spent years building your 401(k), earned pension credits, or contributed to IRAs, a prenuptial agreement can help preserve your retirement savings, regardless of your marriage. Our San Jose prenuptial agreement lawyer explains what you need to know to protect your financial security, now and in the future.
Why Retirement Accounts Need Protection in San Jose Marriages
As a community property state, all assets acquired during your marriage are generally considered shared property in California. “Shared property” includes retirement contributions. Without a valid prenuptial agreement, your spouse may be legally entitled to half of the value accumulated during the marriage, even if the account is solely in your name.
Under Section 760 of the California Family Code, all property and assets earned or acquired by a couple over the course of their marriage are divided equally in a divorce, depending on the circumstances involved. Putting a San Jose prenuptial agreement in place can help protect you in this situation, excluding the following from property division:
- 401(k) contributions;
- IRA growth or contributions;
- Pension credits or benefits;
- Employer matching contributions to retirement plans;
- Deferred compensation or stock options.
Creating a prenuptial agreement in San Jose allows you and your future spouse to define what remains separate property, ensuring that your retirement savings are protected in the event of a divorce.
How Creating a San Jose Prenuptial Agreement Can Help Protect Your Future
A well-crafted prenuptial agreement lets you draw clear boundaries between your premarital assets and any future earnings or retirement contributions. To ensure enforceability, California requires that the agreement be voluntarily signed, based on full financial disclosure, and executed according to the Uniform Premarital Agreement Act (California Family Code Section 1600–1617).
Putting a San Jose prenuptial agreement in place allows you to:
- Designate existing retirement accounts as separate property.
- Protect future contributions made during the marriage from being classified as community property.
- Address spousal support and other financial expectations.
- Avoid disputes over valuation or division later on.
- Safeguard your estate planning goals.
A San Jose prenuptial agreement can also include terms about how to handle increases in value, whether future accounts are subject to division, and how to resolve disputes if the marriage ends.
Protect What You’ve Worked Hard To Build. Contact Our San Jose Prenuptial Agreement Lawyer Today.
You’ve spent years contributing to your retirement savings. Unfortunately, these assets are considered community property and are subject to division in a Santa Clara County divorce. Creating a prenuptial agreement provides peace of mind and protects your long-term financial security.
At Argyris Mah, LLP, we work with professionals and business owners to draft strong, enforceable prenuptial agreements tailored to their goals. Give us a call or contact our office online today to schedule a consultation with our experienced San Jose prenuptial agreement lawyer.
Sources:
leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=FAM&division=7.&title=&part=&chapter=&article=&nodetreepath=9
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=1615
