State Local Pension
Walking clients through a divorce often requires a lot of handholding, but sometimes it requires intricate knowledge of the law. As a matrimonial lawyer, you are probably well-versed with the ins and outs of divorce law, but you may not be as sharp when it comes to QDRO laws and how to draw up an effective court order that will protect your client and prevent your firm from a malpractice suit down the line.
One of the more complicated types of orders is one aimed at dividing a state or local pension benefit, which is why matrimonial lawyers all over New York use our services.
The New York State of Appeals held that a state retirement pension can be considered marital property and therefore the state government will honor a QDRO that is properly prepared and then issued to it by a court within the state. However, it is important to note that while the government will accept the document to divide a state pension or benefit, as a government plan, the same benefit is not protected by the Employee Retirement Income Security Act which only applies to private pensions.
Therefore, the only person that holds natural rights of membership to any plan within the State Retirement System is the member themselves. The spouse of the pension holder does not have any protections or rights unless outlined in the submitted and
approved QDRO. If the rights are not explicitly outlined in the QDRO following the divorce they will have no rights or protections in regards to the government pension plan in question. Therefore, it is vital that a knowledgeable firm draws up the QDRO and includes protective language so that the ex-spouse is protected throughout the division of the pension.
Northstar QDRO has experience working with both local and state government pension holders to craft QDROs that are acceptable and protective. The language and content of a QDRO are extremely important, so allow us to draft the QDRO for your clients following the dissolution of their marriage to ensure your firm and client are protected.
More Practice Areas
Military
Throughout the life of your career, you build up a retirement and savings so that you can be provided for when you retire. When life’s events present challenges and threaten your retirement, savings, or your pension, you need strong legal guidance. Learn More
401(k)
401(k) plans are the most common employer retirement plan among American workers. According to the Investment Company Institute, assets in 401(k) retirement plans surpassed $4.4 trillion. Learn More
Local State Pension
Walking clients through a divorce often requires a lot of handholding, but sometimes it requires intricate knowledge of the law. Learn More
Federal
Divorce is a complicated process, which is why matrimonial lawyers exist, but divorce that includes federal benefits gets even trickier, which is why QDRO lawyers exist. Learn More
Erisa Plan
ERISA, or the Employee Retirement Income Security Act of 1974, is the backbone of divorce law when it comes to the division of retirement and pension plans. Learn More
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