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DIVORCE AND THE RETIREMENT
Married persons share equally in all retirement benefits and assets credited during the marriage, regardless of which party accrued the benefits. The spouse that had the benefits often feels that the other party doesn’t deserve the money accrued with their employer, but that is not true. Retirement benefits, including the employer contributions, are 100% marital in every divorce under every State under United States jurisdiction. If the parties had a pre-nuptial agreement, this rule may be challenged, otherwise the parties must list this asset on their financial affidavit and consider it in the split.
However, you must get a Federal court documents, in addition to any divorce document, to receive your portion which is called a “Qualified Domestic Relations Order,” also known as a “QDRO.” The ERISA consultants at Legal Dynamics, Inc. are QDRO Experts, specializing exclusive in the drafting and administration of QDROs. All divorcing parties need an expert to advocate for their best interest.
QDROs are NEVER impartial documents.
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