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Divorce and QDROs for Pensions, Retirement Accounts, 401ks, and Annuities

Jun 16, 2016 @ 01:31 PM — by Michael Green

In a divorce, where pensions and retirement or tax-deferred accounts such as 401ks and annuities are distributed, the parties generally have to have them split by a QDRO or Qualified Domestic Relations Order.   IRAs generally may not need a QDRO under applicable law.  Generally, 401ks and annuities are distributed into a rollover IRA.  The marital coverture period, generally, from the date of the marriage to the date of the complaint for divorce filing, is that period where the accounts accrue that is distributed.  Generally, the distribution is 50/50 for whatever accrued during the marital coverture period.  Pensions are split via QDRO as well, generally 50/50 as to benefits for whatever accrued during the marital period.  Retirement and tax-deferred accounts may be distributed via QDRO immediately after the divorce.  Shares in a pension are not received until the payee begins receiving benefits after they have retired.  If you have questions regarding QDROs and the equitable distribution of pensions or tax deferred or retirement accounts, please call us at 732-390-0480 or 201-242-1119 in our East Brunswick or Fort Lee offices. Free consultations and night appointments are available.   Ask us about our flat fees for an uncontested divorce.

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