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Elizabeth Van Clief
Apr 16, 20200 min read
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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...

Elizabeth Van Clief
Apr 17, 20193 min read
2,592 views
1 comment


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...

Elizabeth Van Clief
Feb 25, 20193 min read
928 views
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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...

Elizabeth Van Clief
Feb 13, 20192 min read
257 views
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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...

Elizabeth Van Clief
Feb 4, 20193 min read
56 views
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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...

Elizabeth Van Clief
Jan 29, 20192 min read
52 views
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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...

Elizabeth Van Clief
Jan 24, 20194 min read
960 views
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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”...

Elizabeth Van Clief
Nov 5, 20183 min read
133 views
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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....

Elizabeth Van Clief
Nov 5, 20183 min read
4,007 views
1 comment


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...

Elizabeth Van Clief
Nov 5, 20181 min read
390 views
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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...

Elizabeth Van Clief
Nov 5, 20183 min read
2,172 views
1 comment
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