Blog posts created by this author
It is at this point a truism that retirement benefits, usually the most valuable asset of a marriage, are divisible upon divorce to at least the degree to which they were accrued during the... Read more
Retirement plans are considered marital assets, but many attorneys are unaware that retirement plans can be tapped into for child support enforcement. Read more
One of the creative uses of a revocable interest pertains to assigning benefits that terminate upon the passage of time or the happening of a certain event. Read more
The designation of a "Contingent Alternate Payees" does not violate IRC Section 414(p) or ERISA and is an assignment under the term assignment in the Treas. Read more
A look into the inconsistencies in the decisions of the trial and appellate courts on the value of defined contribution plans in Texas for marital purposes. Read more
It has been made clear that the responsibility for proving the non-marital portion of a defined contribution plan rests solely with the participant spouse. Read more
QDROs can be used to secure child support and security interests in a participant’s qualified plan benefits to the non-participant spouse. Read more
The key to successful QDRO drafting for family lawyers lies in learning the basics of retirement plans as well as dividing the plan participant's benefits. Read more
Pre- and Post-Retirement Plan Benefits: See the different types of benefits provided by the various qualified defined benefit plans. Read more
Could an alternate payee's account be used for allocation fo plan expenses in a defined contribution plan? It is unclear from the law. Find out why! Read more
