What Are Retirement Account Survivor Benefits? Do They Impact My Divorce?
A Qualified Domestic Relations Order, or QDRO, is a vehicle to divide ERISA qualified retirement accounts in the context of divorce without incurring early withdrawal penalties or taxes at the time of division. There are two general categories of plans that may require Qualified Domestic Relations Orders, Defined Contribution Plans and Defined Benefit Plans. A…
Read MoreCharacterization of Property
I have acquired some valuable items during my marriage. Will my spouse receive a share? All assets (and liabilities) must be characterized as either “community” or “sole and separate” in the context of a divorce. The statutory presumption is that all items acquired during the term of the marriage (from the date of the wedding…
Read MoreFactors the Court Considers in Determining Legal Decision Making Authority and Parenting Time
25-403. Legal decision-making; best interests of child A. The court shall determine legal decision-making and parenting time, either originally or on petition for modification, in accordance with the best interests of the child. The court shall consider all factors that are relevant to the child’s physical and emotional well-being, including: The past, present and potential future…
Read MoreFactors the Court Considers in Determining Spousal Maintenance
A. In a proceeding for dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse for any of the following reasons if it finds that the spouse seeking…
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