Dividing Retirement Accounts in Divorce
Representation from a Property Division Lawyer in Alpharetta
Tax deferred retirement funds are subject to division in a divorce. Assets can be transferred tax free through a document called a Qualified Domestic Relations Ordered, which our firm can help you prepare. Complexities can arise in retirement fund division. It is in your best interest to seek counsel from an experienced Alpharetta attorney.
At The Law Offices of Daniel W. Mitnick & Associates, P.C., we have earned a reputation for success and the respect of our peers. Our attorneys have 25 years of combined experience. Our lawyers are skilled negotiators, and we prefer to settle matters in an uncontested divorce or through mediation. If the need arises, however, we are also skilled litigators and not afraid to go to court if necessary to protect your interests. We can represent you in division of:
- Pension plans
- IRAs and Roth IRAs
- 401k plans
- Other retirement plans
How to Negotiate a Fair Division for Retirement Accounts
Asset division can be complex and a point of contention between parting couples. A seasoned Alpharetta lawyer with our firm is particularly adept at negotiating a fair and equitable settlement, using a firm but respectful approach, and backing it up with solid arguments on our client’s behalf. Negotiation may include an exchange of assets. Our team may be able to prevent financial hardship by preserving survivor benefits.
The 2 main issues with division of retirement accounts are:
- What portion of the retirement account is marital; and
- What portion of the marital portion of the account should go to the other spouse.
The law clearly delineates between funds invested before a marriage and funds invested during a marriage. However, other factors may affect the final decision. Conduct issues such as adultery, substance abuse, or criminal activity will be considered and may affect the amount awarded to the other spouse.
Get a Free Consultation from Our Divorce Lawyers
Retirement vehicles vary slightly, and it is important not to miss a single detail. Calculating the amount is a complicated matter that involves documenting the amount accumulated before the marriage, the percentage acquired during the marriage, and the interest that applies to each. We have the professional experience needed to protect your interests. Contact our firm as soon as possible to begin working with our experienced team.