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Elizabeth Van Clief
- Apr 17, 2019
- 3 min
The Good and the Bad of Gillmore Elections
Counseling a client on whether to elect Gillmore rights can be complicated, but using a framework in the form of “pros and cons” can help...
1,186 views0 comments
Elizabeth Van Clief
- Feb 25, 2019
- 3 min
Performing a calculation of the community interest in defined contribution plans can save fees
Many clients have more than one defined contribution plan or IRA. Generally speaking, there is not a significant difference between the...
277 views0 comments
Elizabeth Van Clief
- Feb 13, 2019
- 2 min
Retirement during a pending divorce is a red flag: significant rights can be jeopardized
If you have a case where your client or the opposing party is applying for retirement during a pending divorce, watch out. Retirement is...
82 views0 comments
Elizabeth Van Clief
- Feb 4, 2019
- 3 min
Options for accessing retirement benefits to fund litigation or other divorce expenses
The situation is too often that clients are rich in defined contribution retirement benefits and cash poor. The client wants to hire an...
20 views0 comments
Elizabeth Van Clief
- Jan 29, 2019
- 2 min
YOUR 401(K) ASSETS ARE NOT “OLD” – THINK TWICE BEFORE ROLLING THEM OVER
Almost every bank has some sort of advertisement that refers to your 401(k) benefits as “old” and encourages you to rollover your...
29 views0 comments
Elizabeth Van Clief
- Jan 24, 2019
- 4 min
Retirement Benefits and Bifurcation
How do I complete FL 347? This is a common and important question posed by family law attorneys with clients seeking a bifurcation and...
375 views0 comments
Elizabeth Van Clief
- Nov 5, 2018
- 3 min
SDCERS AND THE DISAPPEARING SURVIVOR BENEFIT
Do not assume that a Domestic Relations Order can award an SDCERS survivor benefit Most people think of government benefits as “better”...
54 views0 comments
Elizabeth Van Clief
- Nov 5, 2018
- 3 min
Dividing IRAs in Divorce: Why a QDRO is not necessary to assign IRA benefits to an ex‐spouse
Contrary to popular belief, a Qualified Domestic Relations Order (“QDRO”) is not necessary to divide every type of retirement benefit....
359 views0 comments
Elizabeth Van Clief
- Nov 5, 2018
- 1 min
QDROs can be used for collecting spousal support and child support
The use of a Qualified Domestic Relations Order (“QDRO”) is an often overlooked tool for assisting family law attorneys and divorcing...
137 views0 comments
Elizabeth Van Clief
- Nov 5, 2018
- 3 min
How Do You Handle A Retirement Plan Loan in a Marital Settlement?
Retirement plan loans are one of the most complicated aspect of QDROs to understand and handle correctly. A retirement plan loan is not...
118 views0 comments