DIVORCE - Retirement Assets

Chad M. Layton, Esq.
August 20, 2013
 
The best efforts of a Husband and Wife to properly separate Retirement Assets, in many cases, are not successful.  This mistake can result in a new and unwelcome litigant many years after the Divorce has been finalized.  The unwelcome litigant is the Internal Revenue Service.  
 
The three most common Retirement Assets that appear in Divorce are Employee Contribution Plans (401k, IRA) Brokerage Accounts (Stocks, Bonds) and Traditional Employer Funded Pension Plans.  
 
The proper identification and distribution of these assets in a Divorce is critical.  If an agreement is reached between the parties and incorporated into the Final Judgment without properly addressing the Retirement Assets, the Court may hold one party has waived his or her rights to such account and benefits.  
 
A Qualified Domestic Relations Order may be necessary.  This Order can relate to the payment of Child Support, Alimony or Equitable Distribution.  The knowledgeable Divorce Attorney should craft a specific order which clearly meets the requirements of Florida Law and defines the ownership interest of each party in the Retirement Assets post divorce.  
 
Additional information and resources on Divorce and other Family Law matters is available at LaytonLawOffices.com  
 
If you or a friend are faced with Divorce or another serious Family Law matter in Palm Beach County or Lake Worth, please Call or E-Mail to schedule an initial consultation. 
 
Chad M. Layton, Esq.
101 North J Street, Suite 1
Lake Worth, FL 33460
(561) 585-4631
cmlayton@hwml-law.com 
LaytonLawOffices.com
 
Divorce
101 North "J" Street, Suite 1, Lake Worth, Florida 33460  |  T: 561.585.4631  |  F: 561.585.1317
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