Denver Retirement Division Attorney

When going through a divorce, retirement plans, regardless of who initially owned them, are typically subject to division. Even if you had a retirement plan before getting married, any increase in its value during the marriage is considered marital property. This can significantly impact your financial future, making it crucial to protect your retirement savings as you navigate the next chapter of your life.

Our attorneys can provide the guidance you need to safeguard your retirement assets. Skilled in using strategic negotiation tactics and presenting your case at trial, we focus on preserving your financial stability and ensuring a fair outcome. To learn how to protect your retirement savings during a divorce, contact Philip Goldberg PC. Our attorneys have extensive experience litigating complex financial issues in divorce cases.

Retirement Accounts Subject to Division

When dividing retirement assets during a divorce, understanding the types of accounts involved is crucial. Retirement accounts often make up a significant portion of marital property, so careful attention is needed to ensure an equitable split.

The most common retirement accounts include 401(k) plans, Individual Retirement Accounts (IRAs), and pension plans. Each of these has specific rules that determine how they are divided.

A 401(k) plan, typically provided by employers, allows employees to contribute pre-tax earnings to build their retirement savings. Often, employers match these contributions, and the portion saved during the marriage is generally considered marital property.

IRAs, which can be either traditional or Roth, are individually managed retirement accounts. Like 401(k)s, the contributions and earnings during the marriage are subject to division.

Pension plans, which guarantee a fixed income at retirement, require special calculations to determine how much of the pension constitutes marital property.

It’s critical to separate the contributions made before marriage from those accumulated during the marriage, as typically only the latter may be allocated in a divorce. For expert guidance through this process, the attorneys at Philip Goldberg PC offer in-depth knowledge to ensure a fair and secure division of retirement assets, safeguarding your financial future after divorce.

Division of Pensions

Ensuring a fair and equal division of pensions during a divorce requires careful planning. Since pensions sometimes represent a significant component of a couple’s wealth, dividing these benefits correctly can have a lasting impact on both parties’ financial stability after divorce.

Valuing Pension Benefits: Accurately determining and valuing the separate and marital components of pension benefits is crucial. Pensions usually involve future payments, and experts use specific calculations to assess the present value of these benefits, accounting for factors such as life expectancy and retirement dates.

Qualified Domestic Relations Orders (QDROs): A QDRO is a necessary component in allocating pensions in a divorce. This special court order clearly delineates how pension benefits will be split between both parties while ensuring compliance with the Employee Retirement Income Security Act (ERISA).

Divorce may be challenging, but with the right strategy and professional guidance, dividing pension benefits can be managed fairly. For expert legal help, Philip Goldberg PC provides the experience and knowledge needed to guide you through this process, ensuring a fair and secure resolution.

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Long-Term Financial Security

An experienced attorney is indispensable when handling the complexities of dividing retirement assets in a divorce. They ensure that the process adheres to legal requirements and fight for a fair distribution that aligns with the long-term financial goals of their client.

At Philip Goldberg PC, we specialize in guiding clients through the allocation of retirement assets in divorce cases, ensuring that every step of the process is handled with precision to protect your financial future.

Contact Us

Call us today to schedule a consultation and let our experienced team guide you through the process of allocating retirement assets in your divorce, helping to ensure a fair and secure outcome. We’re here to protect your financial future.