Gray Divorce in San Jose

Protecting Decades of Assets in a San Jose Gray Divorce

A gray divorce involves spouses age 50 or older. After a long-term marriage, ending the relationship can require careful decisions about assets accumulated over decades, retirement income, real estate, and each spouse’s future financial needs.

At Law Offices of Thomas Nicholas Cvietkovich, we handle both contested and uncontested divorce matters, as well as collaborative divorce. Our work also includes military divorce and high-net-worth divorce.

We have more than 15 years of experience and have helped thousands of families address divorce and related family law concerns. Our divorce attorneys include Nick Cvietkovich, Daniel Lofgren, and Josselyn Thomas. Nick Cvietkovich was selected to Super Lawyers in 2024 and 2025 and holds National Trial Lawyers Top 100 recognition.

Call (408) 844-4016 to discuss your circumstances with a gray divorce attorney in San Jose.

Complex Property Division in a San Jose Gray Divorce

California courts divide the community estate equally between spouses. Community property generally includes assets acquired during the marriage, while assets owned before marriage or received as a gift or inheritance are generally separate property. Classification becomes more complicated when separate and community funds have been mixed.

We identify and value complex marital assets before settlement in Silicon Valley divorce matters. This includes stock options and restricted stock units (RSUs). We also address business interests and retirement accounts, giving spouses the information needed to evaluate a proposed property division.

Financial issues we address include:

• Hidden assets: We examine financial information for property or income that hasn’t been properly disclosed.
• Commingled property: We address assets in which separate and community funds may have been combined.
• Business ownership: We handle valuation issues involving closely held companies and other business interests.

For high-net-worth divorce matters, we also offer forensic financial investigation and coordination involving tax and estate planning. These steps clarify the marital estate before negotiations, settlement, or trial.

Dividing Retirement Accounts & Pensions

Most employer-sponsored retirement plans, including 401(k) plans and pensions, require a Qualified Domestic Relations Order (QDRO). This court order directs a retirement plan to assign an approved share of benefits to a spouse or former spouse. Individual retirement accounts are divided through a transfer incident to divorce rather than a QDRO.

California courts typically apply the time rule, also known as the Brown formula, to determine the community-property share of a pension. The calculation compares pension service earned during the marriage with the employee’s total pension service. The resulting marital portion can then be addressed in the division of the estate.

Some retirement systems follow distinct procedures. CalPERS and CalSTRS benefits require their own court-approved orders. Federal law governs military retirement, which isn’t divided through a QDRO.

Spousal Support After a Long-Term Marriage

Spousal support is financial support paid by one spouse to the other after separation or divorce. It’s separate from the division of marital property, so receiving part of a retirement account or another marital asset doesn’t resolve the support question by itself.

Spouses ending a long-term marriage should evaluate expected income, retirement assets, and anticipated post-divorce expenses when considering support. The analysis depends on the circumstances of the marriage and the financial information provided by both spouses, not on age alone.

The California Gray Divorce Process

California is a no-fault divorce state. A spouse can file based on irreconcilable differences without proving misconduct, and both spouses don’t need to agree for the case to proceed. The timeline depends on disputed issues, required discovery, and whether the spouses reach a settlement.

The principal stages include:

• Petition and service: The process begins when a divorce petition is filed and properly served on the other spouse.
• Response: A spouse served with the petition has 30 days to submit a response.
• Financial review: Both sides complete financial disclosures, and discovery can be used to obtain additional information.
• Resolution: The spouses may negotiate a settlement. Unresolved issues can proceed to trial, and the case concludes with a Judgment of Dissolution.

California requires a six-month waiting period before a divorce can be finalized, although some cases take longer.