When A Divorce Requires A QDRO To Divide Retirement Assets

Accounting for retirement assets is an important part of the equitable division of marital property in a New York divorce. While retirement funds can be excluded through prenuptial or postnuptial agreements or through settlement negotiations during a divorce, this is often not the case. The question, then, is how to divide retirement accounts fairly. In a great many cases, a qualified domestic relations order (QDRO) is the mandatory answer.

For reassurance that your divorce negotiations and proceedings will be as accurate and efficient as they can be, work with an attorney who personally handles QDROs. At The Law Firm of Poppe & Associates, PLLC, Kamelia “Mia” Poppe, Esq., brings her in-depth knowledge and experience to the table. She prepares QDROs herself, rather than delegating them to an associate attorney.

What Kinds Of Retirement Funds Can Be Reallotted Through QDROs?

Contact your divorce lawyer to be sure that you are including all pertinent retirement assets in your list of marital property. Your retirement assets may include any combination of the following:

  • A pension plan (which may or may not already be in payment status)
  • A military pension
  • A 401(k) savings plan or other similar savings plans
  • A profit-sharing plan
  • An individual retirement account (IRA)

Ask your attorney about other possible retirement assets to include in your accounting. Also discuss whether you had such assets before getting married, and, if so, how to keep the previously earned portions out of the property division of your divorce.

Learn More And Get This Part Of Your Divorce Underway

Negotiate or litigate as necessary to ensure that the division of assets in your divorce will comply with QDRO rules and be fair overall.

Discuss options for dividing all marital assets, including retirement funds, with a family law attorney with experience in divorce litigation. Call 646-665-3903 or send an email inquiry.