Division Of Retirement Assets In Divorce

The community portion of a retirement plan is subject to division during divorce. For many couples, funds held in retirement accounts are their single largest asset. If you seek a divorce, your retirement assets and those of your spouse are a major financial concern.

Types of retirement accounts that are subject to division include:

  • Defined contribution plans
    • 401(k) assets
    • 403(b) assets
    • IRA assets
    • Roth IRA assets
    • 457(b) assets
    • 409A non-qualified deferred compensation plans
    • Simplified Employee Pension Plan (SEP)
    • Employee Stock Ownership Plan (ESOP)
  • Defined benefit plans — Private and governmental pension plans

Experienced Phoenix Asset Division Lawyers

At DeShon Laraye Pullen PLC, the attorneys are experienced in all aspects of community property division. We are knowledgeable about the many complex aspects of retirement asset division, and we work hard to protect our clients' interests at every stage of the divorce process. Let us put our experience and knowledge to work for you.

The Qualified Domestic Relations Order (QDRO) is the legal instrument that provides for the division of retirement assets. Our law firm will retain an expert to determine the proper basis for the division, and our attorneys will carefully review it for accuracy and fairness. Some of the key questions we will examine are:

  • What portion of the retirement assets in an account are non-marital property?
  • What portion of the retirement assets are community property?
  • When should the assets be valued — at the time of separation, at the time the divorce papers are served or some other time? In most cases, the relevant time of value is the date of service of the petition.

Your retirement assets and those of your spouse may represent a significant portion of the total community assets to be divided. DeShon Laraye Pullen PLC, will work diligently to protect your interest in your retirement accounts.

Contact An Attorney

To learn more about division of retirement assets in divorce, contact DeShon Laraye Pullen PLC, in Phoenix, Arizona.