Retirement Benefits May Be Considered Marital Property

We Protect Our Clients' Interests In This Complex Area Of Property Division

A judgment or decree of dissolution is not the order that divides retirement funds in the wake of a divorce.

A qualified domestic relations order (QDRO) is a common order that transfers employer-provided retirement benefits from one spouse to the other following a divorce or separation. The order requires follow up and needs to be applied for in a timely manner. Also, the plan being divided does not need to abide by court order if the QDRO is not properly drafted — there need to be safeguards to ensure that the business pays out properly.

If the holder of the retirement funds was enrolled in the plan after getting married, each spouse's share of the holdings is generally close to 50 percent. However, if the holder was enrolled in the plan prior to the marriage, holdings are divided based on the amount earned before marriage and after marriage as well as other favors.

This requires extremely technical drafting, timely follow through and a lawyer who is committed to protecting a client. Because we have been involved in these plans for more than two decades, we are suited to bring our comprehensive knowledge to help you arrive at a fair resolution.

Missouri Qualified Domestic Relations Order Attorney

Regardless of your QDRO issues, we at the Law Offices of Susan L. Ward, LLC, are ready to do everything possible to ensure that you get maximum interest or ensure that you are not giving up future interest that should not be considered post-judgment.

We are adept at considering tax consequences, if there is no qualified rollover, and at assessing income tax consequences on timely versus early withdrawal penalties. We encourage you to reach out as soon as possible so you can begin planning ideally.

To discuss any Missouri family law matter with a St. Louis QDRO attorney call 314-783-9400 or email the firm.