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Employee Retirement Income Security Act (ERISA) Divorce

Freeman Law

Qualified Domestic Relations Orders Demystified | What divorcing spouses should know.

Freeman Law on

Divorce and retirement plans - Many domestic proceedings involve the division of retirement assets. With more than 80 million workers in the U.S. being covered by an employer-provided retirement plan, retirement savings...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

Divorcing a Soldier or Sailor? Be Cautious!

Fox Rothschild LLP on

Much of the material reported in this blog comes from appellate cases; mostly Pennsylvania, but sometimes federal cases and decisions from other states. And, sometimes I will pass over a case only to see it reported by...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

Woods Rogers

QDRO’s From The Plan Administrator’s Perspective

Woods Rogers on

A qualified domestic relations order (“QDRO”) is a state domestic relations order that assigns to an alternate payee (such as a former spouse or a child) the right to receive all or a portion of benefits payable to a plan...more

Littler

Colorado Court Decides Issue of First Impression Regarding ERISA Preemption of State Divorce-Revocation Statute

Littler on

The Colorado Court of Appeals recently decided an issue of first impression regarding the Employee Retirement Income Security Act’s (ERISA) preemptive power over Colorado’s divorce-revocation statute. The decision in Ragan v....more

Fox Rothschild LLP

The World Of Missing Retirement Assets

Fox Rothschild LLP on

We have heard about the data. In 2015, the Labor Department’s Bureau of Labor Statistics published a study indicating that the average worker could expect to hold 12 jobs during his/her career. More recently, another study...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

Burns & Levinson LLP

Division of Retirement Benefits at Divorce

Burns & Levinson LLP on

Retirement accounts and benefits can be among the most valuable assets owned by parties who are divorcing. While parties can agree within their Separation Agreement to divide retirement assets between themselves in a...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The beneficiary form and the need for no drama

As a plan sponsor, you need to make sure that participant beneficiary forms are up to date. It’s not enough that you make sure that every participant has filled one out, you also have to make sure that they’re updated. Family...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

Dickinson Wright

Surprise! A QDRO Can Apply to a Welfare Benefit Plan

Dickinson Wright on

Most plan administrators are familiar with a qualified domestic relations order or “QDRO,” which is used to split retirement plan benefits between a plan participant and an alternate payee, such as an ex-spouse or minor...more

Obermayer Rebmann Maxwell & Hippel LLP

Dividing Retirement Accounts As Part of A Divorce

You were just divorced from your spouse and a provision of your Marital Settlement Agreement incorporated into your Final Judgment of Divorce reflects that you agreed to divide specific retirement accounts belonging to you...more

Verrill

ERISA Preemption of State Slayer Statutes: Does it Matter?

Verrill on

Over the last decade, courts around the country have been asked to decide whether ERISA preempts state slayer statutes – state laws that prohibit a murderer from collecting benefits as the beneficiary of the victim’s estate...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

Saul Ewing LLP

Recent Pennsylvania Superior Court Case Addresses the Messy Business of Divorce, Postnuptial Agreements and Death

Saul Ewing LLP on

A woman who dropped divorce proceedings three days after her husband died is entitled to the proceeds from his insurance policy but cannot claim his pension benefits, according to a recent Pennsylvania Superior Court ruling...more

Burr & Forman

Dividing IRAs in the Context of a Divorce – No Good Deed Goes Unpunished

Burr & Forman on

The recent United States Tax Court case of Jeremy Ray Summers v. Commission, T.C. Memo 2017-125, is an example of the old adage that “no good deed goes unpunished.” The case also highlights how sometimes form triumphs over...more

Lewitt Hackman

Accidental Disinheritance: Update Wills, Estate Plans Annually

Lewitt Hackman on

So you have an estate plan? Good for you. You funded it? Even better. But have you updated it and your will in the last year? If you haven’t, your loved ones or favorite charities may be in for an unpleasant surprise. Your...more

Dorsey & Whitney LLP

The Supreme Court - December, 2016

Dorsey & Whitney LLP on

The Supreme Court of the United States granted certiorari in seven cases on Friday afternoon: Impression Products, Inc. v. Lexmark International, Inc., No. 15-1189: 1) Whether a "conditional sale" that transfers title to...more

Williams Mullen

Ex-Husband Fails in Attempt to Use Texas Law to Impose Constructive Trust on Former Spouse’s Survivor Annuity

Williams Mullen on

A former husband’s attempt to use Texas law to deprive his first wife of a survivor annuity under his pension plan has been firmly rejected by the U. S. Court of Appeals for the District of Columbia. Vanderkam v. Vanderkam,...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

Womble Bond Dickinson

ERISA Does Not Preempt State Court Order Requiring Beneficiary to Renounce Right to Employee’s Plan Benefits, Fourth Circuit Rules

Womble Bond Dickinson on

The scenario is not difficult to imagine: An employee designates her spouse as the primary beneficiary under her employer’s life insurance and retirement benefit plans. Years later, the couple divorces, and in the marital...more

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