How to Secure Your Retirement in the Midst of a Divorce
Monday, October 24th, 2011According to a group made up of lawyers, there are ways on how you can still protect your retirement amid the pain of divorce. According to The Law Offices of David T. Schlendorf, there are ways on how you can still protect your financial assets especially after you commit financial errors when, for instance, you and your soon to be ex are still in the process of drawing up a divorce settlement. There are a couple of financial concerns that are actually beyond the capabilities of all parties concerned so the following tips may be useful for you.
First of all, you must have a good family law attorney who has extensive knowledge of personal financial issues. This way, you know that you will be in good hands since your lawyer is knowledgeable on the issues that you and your soon to be ex are involved in.
According to The Law Offices of David T. Schlendorf, the majority of states in the U.S. use the equitable division or equitable distribution standard to apportion marital property during a divorce. Equitable distribution does not simply allocate assets equally to each spouse — a 50-50 split — but evaluates the proposed long-term financial situation of each spouse. In many instances, retirement plans are one of the biggest assets in a marriage. Dividing them equitably can be challenging, and if it is not done correctly, one party may end up with far less than he or she expected. Some of the retirement benefits and accounts include pensions (including military pensions), veteran’s benefits, IRAs, Roth IRAs, Keogh plans, deferred compensation plans, stock options (ESOPS), impaired health annuities, and 401K, 403K, 457, and 403B plans must be considered when dividing marital property during divorce.
According to the The Law Offices of David T. Schlendorf, common mistakes when dealing with these assets include:
Not categorizing retirement plans correctly: The law deals with different types of plans differently. Not understanding the differences can significantly affect the outcome. For example, some plans, referred to as “qualified” plans, can only be divided with a particular type of court order, called a Qualified Domestic Relations Order (QDRO). Non-qualified plans can be divided using an ordinary court order.
Rolling over IRAs directly to the beneficiary: IRA rollovers should be paid to the trustee of the recipient’s IRA rather than directly to the spouse or ex-spouse. Otherwise, he or she could unwittingly assume a significant tax liability.
