Pensions, 401(k)s, IRAs, Retirement Accounts

Any retirement accounts that you and your soon-to-be former spouse share may have to be divided as a part of your divorce. Division of pension and benefits can be tricky, and must be done correctly to ensure that you receive your full share of the fund while minimizing any potential taxes. At Daniel H. Stock, PLLC, we have more than 15 years of experience successfully navigating the intricate financial details of divorce. We can help you forge your new path to financial independence, too. Contact us at 646-774-2920 to schedule an appointment.

Balancing Retirement Assets

If you and your former spouse plan to divide pensions, 401(k)s, IRAS or other retirement accounts, it is important to keep a few things in mind:

  • Contributions made to retirement plans during the course of the marriage are considered "marital property" and can be divided.
  • If you are dividing a pension or a 401(k) plan, you will need a qualified domestic relations order (QDRO), which is a court-ordered document outlining how the retirement plan will pay out funds to the nonemployee.
  • Before you finalize your divorce, make sure you know how the payments will be made (e.g., monthly or lump sum), and what the timetable for payouts will be.
  • You may also swap a retirement account for another asset of equal value; for example, one spouse may keep the retirement account while the other keeps the house.

Even once you and your former spouse settle on division of retirement assets, you still need an experienced lawyer by your side to make sure that any agreements you make are clear and complete and avoid unnecessary taxes. Attorney Daniel H. Stock has the experience you need to forge a reliable and unambiguous agreement that will help you move forward with strength.

Contact Our New York City or Westchester County Office

If you're getting a divorce, don't leave any retirement funds on the table. Make an appointment with a lawyer with experience settling high-asset divorces. Email Daniel H. Stock or call 646-774-2920.