There are almost innumerable types of retirement funds and employment benefits that must be identified, valued, and divided during your divorce. In most cases, the only mechanism to divide a retirement account is by the entry of a separate Cort Order, a Qualified Domestic Relations (QDRO), to divide the monies. Neither spouse can just write a check to the other spouse. Most retirement plans fall in one of the categories below:
A Defined Contribution Plan is a retirement plan that's typically tax-deferred, like a 401(k) or a 403(b), in which employees contribute a fixed amount or a percentage of their paychecks to an account that is intended to fund their retirements. The sponsor company may match a portion of employee contributions as an added benefit. These plans place restrictions that control when and how each employee can withdraw from these accounts without penalties.
Profit sharing plans
Stock bonus plans
Cash and deferred salary reduction plans
401(k), 403(b) and 457(b) savings plans
Employee stock options (ESOPs)
Federal Employees Retirement System (FERS)
Thrift Savings Plan (TSP)
An Individual Retirement Account (IRA) is a tax-advantaged investing tool that individuals use to earmark funds for retirement savings. In most cases, a Qualified Domestic Relations Order (QDRO) will not be required to divide an IRA. There are several types of IRAs as of 2020:
Less common is a Defined Benefit Plan is an employer-sponsored retirement plan where employee benefits are computed using a formula that considers several factors, such as length of employment and salary history.The company is responsible for managing the plan's investments and risks. Typically an employee cannot make an immediate withdraw funds even with a QDRO. Rather, they become eligible to take their benefit at an age defined by the plan's rules.
Joint and survivor annuities
Qualified retirement benefit plans
The bottom line in each case is: Work with a lawyer who is experienced in your kind of benefit and savings plans. Florida family law attorney Christian Smed has the experience and the knowledge of case law to guide you safely through the tangle of division.
When your future is at stake, you want to work with the a knowledgeable and skillful retirement division attorney. Contact Florida QDRO Specialist Christian D. Smed, P.A. at 407.644.2978 or contact us today
CHRISTIAN D. SMED, P.A. 941 West Morse Boulevard, Suite 100 Winter Park, Florida, 32789