Orlando Divorce Attorney – Retirement Accounts

We represent people throughout the Orlando and Central Florida area in divorce cases where one or both of the parties have retirement accounts. If you are involved in a divorce case and you or your spouse have a retirement account, call us today to speak with an experienced Orlando divorce retirement account attorney. At the Wilson Law Firm, we work to protect your interests and to assist you in resolving your situation in an effective and efficient manner.

Retirement Accounts:

In many divorce cases, one or both spouses may have a 401(k), IRA, pension, or retirement account. In some cases, these accounts began prior to the marriage. The portion acquired prior to the marriage is non-marital whereas the portion acquired during the marriage is marital and subject to being equitably distributed between the parties.

Calculating the Marital Value of the Retirement:

There are different financial formulas used to calculate the value of the non-marital portion versus the marital portion. In some cases, the method may be relatively straightforward. In others, there may be a dispute as to the calculation method. An experienced divorce attorney will be able to assist you in determining the value of the non-marital portion versus the value of the marital portion subject to equitable distribution.

Disbursement:

In some cases the plan provider may be able to simply apportion off a spouse’s share upon request. In others, a qualified domestic relations order may be necessary to direct the plan provider to do this. An experienced divorce lawyer will be able to assist you in having this done.

Florida Statutes:

Speak with an Orlando divorce retirement account attorney today or review the following Florida Statutes for some more information on divorce law in Florida:

Florida Statute 61.075 – Equitable distribution of marital assets and liabilities.
Florida Statute 61.076 – Distribution of retirement plans upon dissolution of marriage.

Experienced Orlando Divorce Retirement Account Attorney:

Attorney Joel Wilson has over 20 years of experience and has handled thousands of cases during his legal career. He understands both the legal and emotional issues involved in divorce and family law cases and is an experienced trial attorney. While most divorce cases do not result in a trial, there are some that will, and when a case cannot be resolved except by trial, you will want an experienced trial attorney to present your side of the case in a persuasive and effective manner. In many cases, people who fail to seek legal representation later discover that they have made critical mistakes, due to a misunderstanding of the law and how it relates to their unique situation, which have devastating consequences in regards to alimony, their children or financial situation. At the Wilson Law Firm, we work to protect your interests and to assist you in resolving your situation in an effective and efficient manner.