News & Analysis as of

Divorce 401k Retirement Plan

Divorce is the formal legal dissolution of a marriage. The divorce process implicates many diverse areas of the law including, but not limited to, real estate, wills and trusts, child custody, and tax.
Fox Rothschild LLP

The N.Y.Times Offers a History Lesson in Retirement Anxiety

Fox Rothschild LLP on

The beauty of studying history is that it some times sews together a credible narrative. We have written a fair amount about America’s anxiety, both financial and political. But today’s podcast, an interview with Michael...more

Fox Rothschild LLP

Don’t Forget About Your Missing $1.65 Trillion in Retirement. The Government May Help.

Fox Rothschild LLP on

Just a few months ago we wrote about folks who have forgotten about retirement assets. Our article was based on experience. But now we have seen the data and it is staggering. The news comes about because the Biden...more

Adler Pollock & Sheehan P.C.

Going Through a Divorce? Ease the Transfer of Retirement Plan Assets With a QDRO

Despite its unusual sounding name, a QDRO isn’t an alien from a science fiction movie or a geometric equation. In fact, QDRO stands for “qualified domestic relations order.” If you’re in the process of a divorce, a QDRO may...more

Fox Rothschild LLP

What About the 401(K) you had from that Company in Trenton You Worked for in 1991?

Fox Rothschild LLP on

Like it or not, “gig” work is becoming the norm and not the exception and a recent article published by CNBC proves the point. Earlier this month they reported that 20% of adults own what pension folks call an inactive 401(K)...more

Fox Rothschild LLP

Should You Convert Your IRA/401K To An Annuity?

Fox Rothschild LLP on

This is an odd topic for a family law blog until I started to think about. Today’s on line Marketwatch website featured an article by Chris Farrell about whether retirees should consider rolling assets from defined...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

GAO looks at QDROs

I always talk about how plan sponsors need to work with experienced financial advisors, third party administration (TPA) firms, and ERISA attorneys on their plan needs. Like with reasonable fees, I believe that the term...more

Stange Law Firm, PC

Dividing a 401(k) in a divorce

Stange Law Firm, PC on

A 401(k) is a common asset that has to be divided in a divorce. In many cases, the 401(k) is one of the more valuable assets. Individuals often work their whole career trying to build up their 401(k) balance so that they can...more

Obermayer Rebmann Maxwell & Hippel LLP

What Specific Criteria Should Be Negotiated In Dividing Retirement Accounts As Part Of A New Jersey Divorce?

As a continuation to our earlier article entitled “Dividing Retirement Accounts as Part of a New Jersey Divorce” published on May 21, 2019, the following is a more in-depth review of the specific criteria that should be...more

Burns & Levinson LLP

The SECURE Act – Considerations for January 2020

Burns & Levinson LLP on

Often times in a divorce matter, the two biggest assets the parties have are their house and retirement accounts. While everyone was busy with the recent holiday rush, President Trump signed the SECURE Act into law as part of...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Sample QDRO

It’s funny in a sense that the people who should be most experienced with Qualified Domestic Relations Orders (QDROs), many divorce attorneys, don’t seem to know how to draft a QDRO....more

Smith Debnam Narron Drake Saintsing & Myers,...

Division of Retirement Benefits between Former Spouses

A common concern among spouses facing separation and divorce is the prospect of dividing their retirement accounts because of the misconception that retirement accounts have to be liquidated to be divided, resulting in taxes...more

Foley & Lardner LLP

Non-Qualified Retirement Plans & Divorce: You May be Able to Honor DROs, But Should You?

Foley & Lardner LLP on

You probably already know that employers are required to honor qualified domestic relations orders (commonly referred to as “QDROs”) regarding the division of qualified retirement plan benefits (such as 401(k) balances) when...more

Lowndes

Three Simple QDRO Tips to Make Your Agreements More Enforceable

Lowndes on

The purpose of a settlement agreement is to resolve some or all of the outstanding issues in a pending case. In the divorce context, it is common for attorneys to use broad language in their agreements related to the...more

Morgan Lewis

Tax-Qualified Retirement Plans: Amendments and Other Year-End Action Items - 11/21/2013

Morgan Lewis on

Plan sponsors should consider whether they need to make certain plan amendments or provide certain plan notices prior to the end of the year. The end of the year marks the deadline by which sponsors of qualified...more

Littler

Same-Sex Marriages and Benefit Plans After Windsor

Littler on

On June 26, 2013, the Supreme Court issued its long-awaited decision in Windsor v. United States, No. 12-307. The Court ruled (in a 5-4 decision) that the section of the Defense of Marriage Act (DOMA) that required federal...more

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