Florida divorce and retirement plans

Contents:
  1. How to Protect Your Pension in Divorce
  2. Divorce Laws in Florida
  3. How to Protect Your Pension in Divorce

However, this method is only available if the value of the retirement account can be determined.

How to Protect Your Pension in Divorce

Under the Deferred Distribution Method, the benefits are not divided until such time as they are payable under the plan, at some future date. The QDRO sets forth how much each spouse will receive in the future when the benefits become payable. The QDRO is a separate order signed by the judge in addition to the divorce decree. The court will take several factors into consideration when determining a fair division of a retirement account, such as the length of the marriage. For long-term marriages, retirement plans are usually split However, only that portion of the retirement account that was earned during the marriage is subject to division.

If a spouse earned part of the retirement benefit before marriage, that portion of the benefit would be considered separate property and would not be included in the division.

However, many times a retirement account is started prior to the marriage and may contain significant funds. Non-marital property is not divided the parties, instead retained by the owner.

Divorce Laws in Florida

It is therefore extremely important to properly calculate the non-marital portion of any retirement account. Passive income is the increased value pursuant to the market and may or may not be considered marital property. However, this does not mean that there will be an equal division of property at the time of divorce. The Court must look at all the marital property to be divided and consider various factors to determine a fair division of the property.

Pension and retirement funds are considered marital property in a Florida divorce. In contrast, Social Security benefits are generally not considered marital property as they are regulated under a federal program and do not fall under state laws. How with the court divide your retirement assets?

An Orlando divorce and retirement lawyer at Kramer Law carefully evaluates marital assets, debts and other funds to ensure the greatest benefit for our clients. Without a clear estate plan , prenuptial or postnuptial agreement in place to declare otherwise, a judge uses equitable distribution for any assets or debts acquired during the marriage.

How to Protect Your Pension in Divorce

Speak with an experienced Florida attorney at our firm today. Call Kramer-Now If you have questions about your retirement situation as you consider divorce, we urge you to contact Kramer Law for more information.

What Happens to Retirement Funds and 401k Plans in a Divorce - The Florida Legal Advocacy Group

We can be reached for a free, no-obligation consultation at Kramer-Now The following issues are just a few of the important estate and financial planning matters we routinely help our clients with regarding divorce and retirement. Money accrued in a k or b retirement account while married is dividable in divorce.


  1. divorce records in johnson county ks.
  2. Dividing Retirement Plans in a Florida Divorce - Unhappy Marriage;
  3. How Your Retirement Benefits Are Divided in a Florida Divorce.
  4. Yes, you will have to split your retirement in a Florida divorce.