What should every family law attorney know about retirement benefits? What are the different types of retirement benefits? Why divide with a qualified domestic relations order (QDRO)? How does the family law attorney ensure survivor benefits? Does it matter whether the plan is a public or private plan?
QDROCounsel: Changing the Family Law & Pension Division Landscape QDROCounsel is an innovative divorce and pension division strategy company that provides divorce professionals and judges with the assistance and case management tools needed to handle retirement benefit division from discovery to judgment on a case by case basis. The website is founded by leading QDRO […]
by Louise Nixon Why do I need a Life Insurance (Q)DRO (LIQDRO) if the award dividing life insurance is in the divorce judgment? The law regarding the division of life insurance is state specific. If the parties agree or the court so orders the division of life insurance to preserve a participant’s former spouse, child […]
Upcoming event! In an age where digital media is evermore the ubiquitous resource for many life decisions, so it is with decisions pertaining to dissolving and non-intact families. Our distinguished panel members are on the cutting edge in this arena, where they have all broken exciting new ground in 2018. They will share their unique […]
GENERAL OVERVIEW: IRA division covers any individual provided IRA (Traditional, Rollover, or Roth) and any employer provided IRA (SEP, SARSEP, or Simple). A non-taxable IRA to IRA transfer in divorce is governed by IRC §§ 408(d)(6). An IRA division can be handled in the divorce judgment or in a separate IRC §§ 408(d)(6) Order (“408 […]
A FAMILY LAW ATTORNEY’S DUTY OF COMPETENCE REQUIRES (1) UNDERSTANDING AND USE OF TECHNOLOGY AND (2) NOT TO COMMIT MALPRACTICE WITH QDROCOUNSEL MEMBERSHIP FAMILY LAW ATTORNEYS FULFIL THEIR DUTY OF COMPETENCE Family Law Attorneys Have a Duty to Become Competent Regarding Retirement Benefits. The Family Law Attorney is Responsible for the Actions of Other […]
What happens when one of the parties in a divorce dies before a pension is divided? Is it possible to divide a pension pre-judgement with a qualified domestic relations order? What about post judgement? Does it matter whether the plan at issue is a public or private plan? Louise Nixon answers these questions and more […]
What is a Qualified Domestic Relations Order? A QDRO is a court order which is used to divide pension rights between divorcing spouses, or to collect alimony or child support from a private employee benefit plan. QDROs are complex legal documents and should be prepared only by a qualified and experienced attorney. How do you […]