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Sharing in retirement fund in a divorce can get sticky

On Behalf of | Dec 18, 2015 | Property Division

Property division is a hot topic when you are getting a divorce. What do you do about retirement accounts and 401ks? How are they divided up? Large estates mean a bigger piece of the pie for you. If a business or foreign accounts and property are involved, it can get pretty sticky. Retirement accounts also come into play, especially for females. The Employee Retirement Income Security Act requires specialized treatment by having a Qualified Domestic Relations Order, or QRDO.

Sounds confusing, doesn’t it? You don’t have to worry because the attorneys at Laura Dale & Associates, are here for you. We can answer any question and guide you through the sometimes confusing maze of property division in a divorce situation.

A QRDO is a legal document that helps divide assets in any type of retirement plan. If there is something left out of the QRDO, the plan can be frozen so that nothing is paid out until everything is included. Ex-wives who are counting on a share of the retirement account from their ex-husband can be particularly injured by the circumstances surrounding the issue.

Some questions can be answered in the QRDO, such as, when can the receiving spouse begin to draw from the account? Being sure to read through the entire QRDO is a must. Having everything pertinent included is imperative.

Having someone in your corner who has vast experience in this arena can be such a relief at a time like this. Not knowing how to research this subject or even what questions to ask may propel you to call our office so that we can help. Knowing that you have a legal team by your side can give you real peace of mind.