The amount of retirement you will get after your divorce varies depending on several factors, including:
1. The length of your marriage;
2. The amount of time during the marriage that the retirement was contributed to;
3. The negotiations of the parties and their attorneys to arrive at Marital Settlement Agreement;
4. If it is litigated at trial with other unresolved matters, the attitude of the judge with regard to having the retirement pay for alimony, child support, etc.
5. The number of retirement accounts and who contributed to them;
6. Alimony and attorney fee considerations;
7. Other property;
8. How the QDRO is drafted;
9. The state in which the divorce decree is entered; and
10. How the QDRO is later interpreted when the retirement is dispersed.
If you and your spouse have retirement accounts, it is important to consult family law attorneys with experience with property settlement and understand the different formulas and strategies that can affect your rights.
The Wright Law Offices, PC does not prepare QDROs but can refer attorneys who routinely prepare them. A client may wish to retain our services for the bulk of the divorce action, but the QDRO, which can be prepared later, should be prepared by an expert in the field of dividing pensions/retirements between divorced spouses.
The information contained in this blog is for general information only and is not intended to be legal advice for any specific person or scenario. The best advice is to always consult an attorney in order to have confidentiality and privilege.
For the right lawyers to handle your family legal matter, contact The Wright Law Offices, PC
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