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Who Gets What? - splitting retirement plans in divorce - Brief Article
FAMILY FINANCES | Splitting the RETIREMENT NEST EGG during a divorce isn't easy. RETIREMENT plans--whether they be traditional pension plans, cash-balance plans, 401(k)s, IRAs or other tax-deferred accounts--are becoming a key battleground in divorce settlements. "It's amazing how much retirement plans have grown as a proportion of a person's estate," says Martin Shenkman, a New Jersey lawyer and co-author of Divorce Rules for Men (John Wiley & Sons, $14.95). For many couples, these accounts are the most valuable assets to be divided. Unfortunately, divvying up these assets can be as complicated as it is important, and a simple 50-50 split may make as little sense as dividing your china collection piece by piece. What's more, if you decide to split a pension or 401(k), you'll need to negotiate a qualified domestic relations order (QDRO), which specifies the alternate payee and how large a share he or she will receive. QDROs can be costly and time-consuming to draw up, but they're the only way to ensure that a plan administrator will follow your instructions. Worse, if you attempt to split a plan without a QDRO, you can trigger disastrous tax consequences. You don't need a QDRO to split an IRA, but to move money tax-free, say, from a husband's IRA to a wife's IRA, the transfer must be required by a divorce decree or other document connected with the divorce. Pick what's best for you. Once you have a handle on the value of your retirement assets, you and your attorney can decide whether to fight for a share of them or offer to give up your rights to those assets in exchange for others. ...
Related Articles: Getting divorced is stressful enough but the effects on your credit reports can literally ruin you- financially. The good news is however that you can clean up your credit after a nasty divorce using some pointers below along with a lot of patience. Determining your credit issues First of all it is absolutely necessary to evaluate your credit as it stands now. Are there major issues like a pending foreclosure, unpaid credit card debts or even back c ... Conjure up an image of divorce. The average person visualizes people sitting in a courtroom, giving testimony, with a judge at a bench presiding over everything. But the actual reality of most divorces is dramatically different. Forget high profile, exciting confrontations in courtrooms that were built 50 years ago. Most of the time, one or both spouses will never see the inside of a courtroom. More often that not, one spouse attends a short, 10 minute hearing. ... If you are in need of Marital Hints for Women then you will want to read every word of this critical article. As a woman facing the possibility of divorce, you have the responsibility to ensure that you and your children are prepared in the event that a divorce occurs... |