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New Jersey Divorce and Qualified Domestic Relations Orders, QDROs

Dec 4, 2016 @ 06:00 PM — by Michael Green

New Jersey Divorce and Qualified Domestic Relations Orders, QDROs

If you need help dividing your retirement assets for your divorce, call Green & Associates at 732-390-0480 or 201-242-1119 for a free consultation about your New Jersey divorce with our NJ divorce lawyer or NJ divorce attorney in our East Brunswick divorce or Fort Lee divorce offices.  

Generally, when parties to a divorce have retirement assets or pensions, they have to be divided by QDROs or Qualified Domestic Relations Orders, Orders that are signed off on by the parties and the Court.  The entity that holds the 401ks or pensions or 403bs or other retirement assets will then divide the monies or shares in the entity pursuant to the QDRO.  Generally, the terms of the QDRO are spelled out in the parties' Property Settlement Agreement.  

If a retirement vehicle is all marital property then generally that asset may be divided 50/50 as to the martial coverture portion of the monies or shares

 

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. 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.