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 simplify the issue....

Many clients have more than one defined contribution plan or IRA. Generally speaking, there is not a significant difference between the assets in these accou...

If you have a case where your client or the opposing party is applying for retirement during a pending divorce, watch out. Retirement is a significant time w...

The situation is too often that clients are rich in defined contribution retirement benefits and cash poor. The client wants to hire an attorney to help them...

Almost every bank has some sort of advertisement that refers to your 401(k) benefits as “old” and encourages you to rollover your investments into an IRA. We...

How do I complete FL 347? This is a common and important question posed by family law attorneys with clients seeking a bifurcation and immediate termination ...

Do not assume that a Domestic Relations Order can award an SDCERS survivor benefit Most people think of government benefits as “better” than the employee ben...

Contrary to popular belief, a Qualified Domestic Relations Order (“QDRO”) is not necessary to divide every type of retirement benefit. The prime example is a...

The use of a Qualified Domestic Relations Order (“QDRO”) is an often overlooked tool for assisting family law attorneys and divorcing spouses with the collec...

Retirement plan loans are one of the most complicated aspect of QDROs to understand and handle correctly. A retirement plan loan is not actually “debt” as mo...