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How To Find A Lost Pension Plan
Several factors can be responsible for a lost pension plan; the company you work for may be acquired by another company, leading to many changes which can affect even your pension plan. Moving to another company during your active years can also lead to a loss of a...
What ERISA Means For Your Retirement Plan
The Employment Retirement Income Security Act (ERISA) is a federal law that entails how employers provide benefits plans to employees. It covers both defined benefit plans, otherwise known as pensions, and defined contribution plans like the 401(k). Before ERISA,...
What Is Probate & How To Avoid It
In the most understandable way possible, probate is the legal procedure your estate goes through after you pass away. However, having a Will before your demise makes the process easier for your loved ones. During the legal process, the court will authenticate your...
QDROs: Dividing Retirement Accounts in New York
After a divorce in New York, the next item is often the division of debts and assets accumulated during the marriage. However, only assets and debts regarded as marital property are subject to division, not separate property. The New York domestic relations law has an...
4 Facts About Divorce And Your Pension
New York is an equitable distribution state that considers pensions as marital property. That means upon divorce, a portion of your pension benefits will be awarded to your ex-spouse. The process, however, is a bit complex. That is why working closely with an...
Federal Retirement and Divorce: What You Should Know
When divorce strikes, it affects every facet of one's life, including benefits flowing from federal employment. Moreover, these benefits are often massive since it involves crucial matters such as lifelong annuity payouts and health insurance coverage. However, there...
How to Protect Your 401k in a Divorce
Going through a divorce takes its toll on everyone involved; not excluding the kids, family members, and even friends bears the brunt of the stress and pain. With child custody battles, it becomes an even more heated process. During this period, the division of your...
Reasons to Hire an Attorney Decades Before You Retire
Although retirement involves more than just saving money, it’s undoubtedly the more significant part. This stage requires careful planning of both financial and legal issues that will come up the moment you stop working. That’s why it’s best to hire an attorney...
Changing Beneficiary Designations After Divorce
Divorce is never an easy process, not even for the person who initiated it. While you might want to get over the process as soon as possible, it is not uncommon to overlook changing your beneficiary designations after divorce. Contrary to what you may have thought,...
Four Facts about Divorce and Your Retirement funds
Divorce is never a simple process, especially when achieving equitable financial separation. Before you even think of divorce, you must first understand what it entails and its impact on your retirement savings. Typically, a judge is most likely to award your spouse...
Military Divorce: Rules for Dividing the Pension
Whether as military personnel or perhaps a military spouse, the divorce process is the same as any other divorce. The difference, however, depends on the circumstances surrounding the divorce. Our men and women who serve in the military face tons of hardship that...
How To Protect Your Pension in Divorce
Anyone who has gone through a divorce knows the emotional toll that follows. But that is not all, as it can also impact your financial life if you fail to protect your pension. Typically, a pension earned by one spouse is considered marital property that needs to be...
5 Things You Need To Know About Estate Planning After Divorce
After you’re done with all the brouhaha that came with your divorce, you might think you’re done. You thought now, your weary brain can finally take a rest. But that is far from reality, as there is a little more you need to do before you can finally take a sigh of...
Using a QDRO to Collect Support Payments
When it comes to paying child support or alimony, some former spouses can become uncooperative. What many custodians don’t know is that a Qualified Domestic Relation Order can be used to collect such support payments. However, a QDRO distribution paid to the custodian...
How Long Does it Take to Process a QDRO?
When you’re going through a divorce or perhaps nearing its finalization, you may rely on your soon-to-be ex’s retirement benefits to start life anew. Probably to get a new home, go back to school, or travel. However, you’re likely to wonder how long the process takes....
Avoid these mistakes when divvying up assets in a divorce
When you’re married, there are but a few assets you could individually own. Others, however, will be considered marital assets. In the event of divorce, assets considered marital is divided between you and your spouse. However, the process isn’t as easy as it sounds...
3 Things Divorcing Couples Should Know About the QDRO Fee
If you ask some attorneys, they will tell you that these are hidden fees that bite you in the ass when you least expected. They add insult to injury, complicating an already exasperating divorce process. Notwithstanding, knowledge of the QDRO fee will help you prepare...
How a QDRO Works and Affects Retirement Plans
A QDRO is typically a court order that demands that a portion of a retirement plan be paid to another person. This is different from the normal couple’s asset division since it doesn’t make provision for retirement accounts. In this article, you will learn how QDRO...
6 Things to do after your divorce is final
Divorce is a perilous time that challenges everything you stand for. After your divorce has been finalized, it is important to give yourself some grieving and healing time. It is normal to feel relieved after separating from your spouse and getting through the divorce...
What Next After Filing My QDRO?
There is often a lot to ponder on after a divorce, and one of them is your Qualified Domestic Relations Order which determines how your retirement plans will be distributed. At this stage, you have a lot of questions brewing in your mind, such as the responsibilities...
How to protect your finances during divorce
When divorce is inevitable, you must act fast to protect your finances to avoid being milked to the last drop. Almost everyone comes out of a divorce in a financial crisis, especially for the party responsible for paying spousal, child support, etc. When you’re at...
When Your Ex-Spouse Won’t Sign QDRO
So, you’ve finalized your divorce; even sort out child support, alimony, and property division. With the help of an attorney, you draft out a QDRO necessary for dividing retirement accounts only to discover that your ex wouldn't sign the order. What now? Typically,...
Reasons Why Plan Administrators Reject QDROs
Most people often think that once a judge has signed their QDRO order, that seals the deal. In reality, it is much more complicated than that. The reason is that the Plan Administrator has the final say, and can decide to reject a QDRO for obvious reasons which will...
Why Do We Need a QDRO attorney?
If you’re in the heat of divorce and among your assets, there is a retirement plan to be distributed, then you surely need to hire a QDRO attorney. You can't draft and file this special order, especially since you have no experience handling them. With a QDRO...
How Long After A Divorce Can You File A QDRO?
There is no doubt that divorce can be a nasty period where both parties struggle to cope with the new change. It comes with lots of troubles, and most of the time, lead towards the sharing of property. It becomes an even bigger problem when there are assets to be...
Can you file a QDRO without an attorney?
Usually, when the union becomes toxic, divorce becomes the safe option to adopt. However, the proceeds from the union can be shared inappropriately, thereby making one party gain more than the other. This misappropriation is particularly true with retirements...
Can a QDRO be reversed?
The beauty of a QDRO is that dividing retirement assets wouldn’t have to incur any income tax penalty. It allows separating couples to divide their asset without having to worry about losing some to taxes. To do this, couples...
Using QDRO Money from a Divorce to Pay for a New Home
QDRO is an incredible tool that divorcing couples can use to divide some assets, such as IRA, 401(K), 401(b), and so many others. However, when it comes to using that money to buy a house, there are numerous factors to consider before proceeding. The fact is that you...
How does a QDRO avoid taxation?
Losing parts of your properties can be saddening during divorce, but some losses can be mitigated if you take the right steps. The right step… involves paying no taxes or any other fees when you're distributing child support, spousal support, or retirement accounts....
Reasons Plan Administrators Reject QDROs
When it comes to QDRO, your plan administrator has the final say. Most individuals believe that the plan administrator is subjected to a court order, but that is far from the truth. The job of a plan administrator is to provide benefits stipulated under the terms of...
Top 3 QDRO Mistakes And How To Avoid Them
A Qualified Domestic Relations Order (QDRO) from your retirement plan provider will be required to obtain a percentage of retirement after divorce. Furthermore, if you do obtain your portion of retirement assets without the order, which is extremely unlikely, the...
Do you need a QDRO during your divorce?
Undergoing divorce is primarily unpredictable and could catch divorce victims unexpectedly. More so, if you didn’t have specific plans put in place for such situations. A QDRO could be necessary during a divorce! What you should know about a Qualified Domestic...
Who is responsible for filing a QDRO
To ensure a just disbursement of a retirement fund or pension, a qualified domestic relations order, QDRO is required. This legally recognized document is typically prepared during marriage to protect against unforeseen events such as divorce. Prior to divorce, 401K...
QDROs: Dividing Retirement Accounts in New Jersey
QDROs: Dividing Retirement Accounts in New Jersey When it comes to dividing retirement accounts in New Jersey, one thing you must bear in mind is that NJ is an equitable state. In the event of divorce, assets are shared equitably, through numerous factors such as the...
Retirement Benefits and Divorce
Retirement Benefits and Divorce Divorce is a strenuous process for all parties involved. When on this route, there are many things to consider and prepare for. When it comes to what happens to your retirement benefits in the event of a divorce, many factors come to...
QDRO after death
QDRO after death: What happens now? Though divorcing parties might wish death upon each other, the aftermath is often horrendous. When a party dies, you discover a new world of complex and devastating outcomes. For the spouse of the dead participant to have a perfect...
What Is The QDRO Process Like?
When we delve into the processes involved in obtaining a qualified domestic relations order, you'll discover that many parties come to play. These processes can be sliced into steps, which no doubt makes it comprehensible if you're about to obtain a QDRO. Here are the...
QDROs: Dividing Retirement Accounts in New York
When it comes to sharing assets under NY laws, it consists of dividing both debts and assets acquired throughout both parties' marital life. Although NY domestic relations have a judicious definition of marital, it also features a less open definition for separate...
How and When to Use a QDRO to Divide Retirement Benefits
People often confused the Qualified Domestic Relations Order (QDRO) with a divorce decree or property settlement. QDRO is a tool that recognizes a soon-to-be ex-spouse or ex-spouse interest in the other spouse’s retirement plan. The employee whose interest is being...
December 2020 presenter to Staten Island Women’s Bar on “How to Successfully Handle Retirement Division in Divorce Agreements”
This CLE touched on the basic considerations an attorney must make when negotiating or drafting a settlement agreement that addresses a division of retirement benefits. Some of those important terms and issues include: What is a QDRO? It is surprising how many...
You Snooze, You Lose! Wake Up And Get Those QDROs Done!
Finalizing a client’s divorce can sometimes be an insurmountable feat, but don’t rest easy just yet… Protect your malpractice exposure and make sure you submit the QDROs before you close the file. Suppose there are 50 million people in the United States that are...
The Essence Of Time: A Cautionary Tale For The Matrimonial Practitioner And Client Alike
Most people will have their QDRO’s prepared through their attorney after their divorce is settled and final. Not Mr. & Mrs. X. Neither one of them sought to have their attorneys prepare the order, and by all accounts, it appeared that their respective...
Actually, You Can
Most people will have their QDRO’s prepared through their attorney after their divorce is settled and final. Not Mr. & Mrs. X. Neither one of them sought to have their attorneys prepare the order, and by all accounts, it appeared that their respective...
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