Asked & Answered
How Can I Ensure I Receive My Fair Share of My Spouse's Pension or 401(k)?
For many families, especially those of high-income professionals, the largest asset besides the house is a retirement account like a 401(k), 403(b), or a traditional pension. If you have been a stay-at-home parent or earned less than your spouse, your future financial security may depend on receiving your fair share of these funds.
You are legally entitled to an equitable share of the "marital portion" of these accounts—that is, the portion that was earned and accumulated during the marriage. However, simply writing "50% of the 401(k)" in your settlement agreement is not enough to actually get the money.
To divide most retirement accounts, a special court order is required. This order is called a Qualified Domestic Relations Order, or QDRO (pronounced "kwah-dro").
A QDRO is a complex legal document that is sent to the financial institution that manages the retirement plan. It instructs them on how to divide the account and create a separate account for the non-employee spouse without triggering early withdrawal penalties or taxes.
Drafting a QDRO correctly is a highly specialized task. A mistake in the document can lead to massive tax penalties or result in you receiving less than you are entitled to. It is absolutely critical that this document is prepared by an attorney with experience in handling these complex orders.
To learn more about securing your share of complex assets, download our free guide: Financial Clarity & Control: The Professional's Guide to a Secure Financial Future After Divorce.
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