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 in a Domestic Relations Order 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 initial intake form below and we will send you an email outlining the terms of our proposed engagement to assist.
Note: Submission of this Initial Intake Form does not create an attorney-client relationship. We will conduct a conflict check and if it is clear we will send you an email outlining the terms of our proposed engagement and the process we use to gather the information and documents we will need to assist you. An attorney client relationship will not be established until the parties provide us all the information we need, and pay the full retainer for our services, as outlined in the terms of our engagement.