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Pensions and QDROs, Qualified Domestic Relations Orders and the Distribution of Pension Benefits to Alternate Payees and Survivorship Rights

Nov 16, 2015 @ 02:40 PM — by Michael Green

Pensions must generally be split 50/50 for the asset that accrued during the marital period, from the date of the marriage to the date of the divorce complaint filing.  They are generally split via a QDRO or Qualified Domestic Relations Order, an order executed by the Court that is then sent to the plan directing them to split the pension based on the marital period.  QDROs may be drafted by a service or some plans have their own QDRO.  Every plan has its own terms as well that allow for certain distributions and disallow others.  For example, generally, a party that is the alternate payee or the party who is receiving a distribution from the pension from the other spouse, should seek survivorship rights.

Divorce and QDROs, Retirement Accounts, Tax-Deferred Accounts, Pensions, 401ks, Annuities, IRAs, 403bs, Stock Options

Jul 30, 2015 @ 12:36 PM — by Michael Green

In many divorces, equitable distribution of retirement accounts, pensions and tax-deferred accounts must be dealt with.  Tax-deferred or retirement accounts may include 401ks, IRAs, annuities, 403bs or other investment vehicles. In addition, stock portfolios or stock options, some as RSUs or restricted stock options or other vehicles must also be equitably distributed.  What may seem initially as a complex matter can often be broken down into a simplified method for equitable distribution.  If you are contemplating divorce and have questions regarding the distribution of pensions, retirement accounts, tax-deferred accounts or stock options, contact our offices in East Brunswick or Fort Lee at 732-390-0480 or 201-242-1119 for a free consultation.  Nights and weekend appointments are available.  And ask us about our flat fees for uncontested divorces.