Topol v. Polokoff: After wife files for divorce, the husband changes his designated IRA beneficiary from her to his daughters.
By Laura Morgan, Family Law Consultant
Trial court’s interlocutory order in the dissolution of marriage action, which required the husband to redesignate wife as the beneficiary of an individual retirement account (IRA), did not survive the abatement of the dissolution action upon husband’s death; the order was temporary in nature and intended only to preserve the status quo pending a final decree.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her Web site.
One of the most common problems for family law attorneys is figuring out what retirement plans are involved in the case. Often, the participant is not aware of plans offered by their employer, so those plans are not disclosed in the divorce. The participant may also try to hide assets. The following are some practice tips on how to correctly identify retirement plans in divorce cases.