Retirement Accounts & Divorce
Orlando Divorce Attorneys
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. We work to protect your interests and to assist you in resolving your situation in an effective and efficient manner.
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 the same as any other asset or debt of the parties. Please review our asset & debt distribution page for more information about equitable distribution.
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 or a financial expert may need to be involved to determine the marital portion. An attorney will be able to assist you in the process of determining the value of the marital portion subject to equitable distribution.
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.
Orlando Divorce Attorney:
Call us today to speak directly with one of our experienced Orlando divorce attorneys about your situation. Our attorneys have handled thousands of cases during their legal careers. We work to protect your interests and to assist you in resolving your situation in an effective and efficient manner.