Division of Retirement and Pension Accounts

Tampa, Florida Property Division Divorce Attorney

In any divorce, a division of marital property is required. In order to divide retirement assets and pension benefits subject to division after divorce, a qualified domestic relations order must be filed with a plan's administrator. A qualified domestic relations order allows an ex-spouse to retain a measure of ownership in their former spouse's eligible pension plan if the plan in question is subject to the Employee Retirement Income Security Act (ERISA). An ex-spouse, referred to as the "alternate payee," must obtain a qualified domestic relations order complicit with ERISA guidelines and submit it to the participant spouse's benefits administrator.

At the Brandon Family Law Center in Tampa, Florida, divorce lawyer, Mary L. Greenwood works closely with clients, financial experts, and plan administrators in submitting qualified domestic relations orders (QDROs). Our attorney can help you avoid confusion and unnecessary delays that could interfere with your ability to receive the retirement or pension benefits owed you.

If you are recently divorced or are facing divorce and need more information regarding what your spouse owes you from his or her pension plan, contact the Brandon Family Law Center today.

What is Subject to Division through a Qualified Domestic Relations Order

Divorce attorney Mary L. Greenwood at the Brandon Family Law Center advises and represents clients in regard to the following:

• 401k plans
• Deferred company pension
• Individual retirement accounts (IRAs)
• Stock options
• Federal civil service retirement plans
• Military pensions
• State and county pensions and retirement plans

Processing a Qualified Domestic Relations Order

In order to properly file and process a qualified domestic relations order, the state domestic relations court must first enter the qualified domestic relations order. Next, the order must then be reviewed by a plan administrator in order to determine if it is in compliance with ERISA and the terms of the plan in question. A proposed order should comply with a state's domestic relations law, US tax code, and ERISA.

A qualified domestic relations order should also include the full name and current mailing address of the alternate payee, contributor, and employer. You will also need to include a valid social security number for yourself and your ex-spouse, the name of the plan, and the contributor's plan identification number.

Unsure what to do Next? Contact Brandon Family Law Center

If you are unsure how to prepare documentation or information in submission of a qualified domestic relations order, contact the Brandon Family Law Center today. We can help you avoid unnecessary complications and delays - call today.