Complex tax rules apply when dividing retirement accounts in a divorce. Each retirement plan type presents unique challenges – whether a defined contribution plan, defined benefit plan, private or governmental, tax qualified or non-qualified. Some of the things parties need to consider include:
Accounting for pre-marital account accumulations
The effect of post marital service and compensation increases
Accounting for outstanding loans in a defined contribution plan
Avoiding surprises caused by delayed distribution provisions
Awarding pre-retirement death benefits
Awarding post retirement survivor benefits
Allocating the cost of providing survivor benefits
We work closely with unrepresented parties and any attorneys involved in their case to help structure and implement the division of retirement plan assets incident to their divorce, and to ensure smooth implementation of the division once agreed by the parties or determined by the Court.
Call the QDRO Hotline at (520) 577-5155 at any stage of your case – the earlier the better- so that we can help you identify and resolve the unique retirement plan issues presented in your case efficiently and fairly. Or, complete the contact form below and we will call you to discuss how we can help.
Note: Submission of this Contact Form does not create an attorney-client relationship. We will call you to get more details about your case. We will then conduct a conflict check and if it is clear we will follow-up with the parties to confirm the terms of our engagement and for payment of the retainer. An attorney client relationship will not be established until we clear the conflict check and receive full payment of the retainer.