Regardless of the length of the marriage, retirement benefits will be discussed in every divorce case.

There are two options for dividing retirement benefits in a divorce: (1) the buyout, and (2) splitting the retirement accounts. Under the buy-out option, the spouse without the retirement benefits takes another asset of equal value (such as cash or family home equity) instead of the retirement account. Otherwise, a split of the retirement account may happen using a court order, called a Qualified Domestic Relations Order or “QDRO”… for short.

When dividing retirement accounts in a divorce case you must look for any tax advantage. Retirement assets are often the most valuable asset in a divorce. Therefore, you need an experienced attorney-mediator to assure your retirement assets are valued and distributed fairly in your divorce.

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