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Search the News Archive
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12 Matching News Items |
| 1. |
divorcenet.com
Oct. 28, 2007
Excerpt: A few States do not consider disability pensions marital property, while most others do. The U.S. Military will not allow the use of a Uniformed Service Former Spouses Protection Act order (military QDRO) on any portion of the pension which is deemed to be attributable to a disability (a military member can have his pension apportioned to consider any injuries incurred during his or her tour of duty and receive that portion tax-free).
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| 2. |
divorcenet.com
Oct. 28, 2007
Excerpt: QDRO distributions can be very flexible. The portion necessary to pay off marital debt can be paid directly to the non-participant spouse and another portion used to equalize marital assets can be paid with a trustee-to-trustee transfer with no taxes incurred by either party. The non-participant spouse simply has to set up an I.R.A. to receive the non-taxable portion. The plan must be advised accordingly. The specific instructions can be included in the QDRO to insure plan compliance.
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| 3. |
divorcenet.com
June 1, 2007
Excerpt: Defined contribution plans have become a very common marital asset in divorce cases. Knowledgeable attorneys are using Qualified Domestic Relations Orders directed at these plans to access a participant's account balance and tap into this ready source of cash to retire marital debt and/or equalize the property settlement.
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| 4. |
divorcenet.com
Mar. 12, 2007
Excerpt: There are two ways to identify the marital portion of a pension. The most equitable in an immediate offset or deferred distribution case is the Matured Full Benefit approach.
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| 5. |
divorcenet.com
Mar. 12, 2007
Excerpt: When a domestic relations order is accepted and approved by a plan, they often will respond with a letter stating their interpretation of the terms of the order and how the pension assets will be divided. At that point the attorney may realize that the implementation proposed was not what he or she intended for their client and is now confronted with a dilemma.
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| 6. |
Is 'Spouse Is Entitled to 50% of Plan Participant's 401(k) Account As of Appraisal Date' Sufficient?
divorcenet.com
Feb. 1, 2007
Excerpt: How you can deal with the growth in a retirement savings plan (defined contribution plan) between the marital property accrual cut-off date and the date of the actual distribution to the alternate payee.
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| 7. |
divorcenet.com
Dec. 6, 2006
Excerpt: The solutions, in many cases, are unwieldy and will be refined as we learn more about how plans are redefining their retirement plans and what will be acceptable to their administrators. But for the time being there is no easy, one method fits all, solution to address every possible contingency.
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| 8. |
divorcenet.com
Nov. 3, 2006
Excerpt: Because the fate of the defined benefit plan will be so speculative over the next 20 years, what I advocate is a gradual transformation to the Qualified Domestic Relations Order as the principle tool to be used the distribution of marital retirement assets. This eliminates much of the guesswork as to whether a plan will survive and, if properly drafted, can insure an equitable distribution.
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| 9. |
divorcenet.com
Nov. 3, 2006
Excerpt: If your case includes a deferred distribution, it is not complete until the Qualified Domestic Relations Order is drafted, signed by the judge and submitted to the plan.
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| 10. |
divorcenet.com
June 2, 2006
Excerpt: Practice Tip of the Month -- How to avoid the embarrassment of negotiating a settlement using a domestic relations order when the plan provider refuses to recognize or comply with a domestic relations order?
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