Pension/QDRO

Insights from a Top QDRO Expert

An interview with Tim Voit: An insider's look at the world of retirement plan benefits and QDROs in divorce with a nationally recognized expert.

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How to Correctly Identify Retirement Plans in a Divorce

By Louise Nixon: One of the most common problems for family law attorneys is figuring out what retirement plans are involved in the case.

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QDRO Basics: What Family Lawyers Should Consider while Negotiating the Divorce

By Robert G. Hetsler : What are some things a family lawyer should think about while still negotiating the divorce?

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Can a QDRO be Prepared before a Divorce is Finalized?

By Richard D. Johnston : In many cases, we are engaged to prepare a QDRO after the divorce has been finalized. However, this can result in costly delays (both emotional and financial), and in extreme cases loss of benefits.

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Why Does the Plan Administrator Keep Rejecting a QDRO?

By Tim Voit: My client was awarded 50% of the marital portion of her ex-husband's 401(k) but the plan administrator keeps rejecting the QDRO.

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When Is a 50% QDRO too Much?

Mark K. Altschuler: If there is insufficient cash for immediate offset, does a QDRO have to award 50% of the marital portion to the non-employee spouse?

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Can a Second QDRO be used to Secure Spousal Support Arrears?

By Darren J. Goodman: A scenario: Husband owes Wife spousal support/alimony arrears of $100,000. Wife is currently receiving lifetime benefits of her marital share of Husband’s pension pursuant to a QDRO. Husband has begun receiving his remaining share of benefits over his lifetime.

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Are Your Client’s Rights to an Ex-Spouse’s Pension Benefits Protected?

By Louise Nixon: How Do I Know if the Judgement Drafted Sufficiently Protects My Client's Rights to the Ex-Spouses's Pension Benefits?

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Federal Pensions in Divorce

By Tim Voit: Retirement plans tend to be the largest marital asset in a divorce, in terms of value. Whether you are a family law attorney dealing with these issues on a daily basis, or an attorney who knows of (or is related to) a federal employee, here are some important issues to consider if the federal employee you know is going through a divorce.

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Avoiding Early Withdrawal Penalty

Often times, retirement plan assets are needed to satisfy financial obligations that result from divorce – whether they are attorney fees or credits to allow one spouse to stay in the marital home. See the two common ways to avoid the 10% early withdrawal penalty associated with retirement plans.

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