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
Legal decision-making authority is the ability of a parent to make decisions regarding a child’s education, medical, religious, and personal care. For example, legal decision-making means deciding where your child goes to school and what religious practices they’ll participate in while growing up. Most parents share joint legal decision-making, which means that both parents have…
Read MoreFactors the Court Considers in Determining Spousal Maintenance
When Do You Qualify for Spousal Maintenance? There are limited circumstances when a spouse qualifies for an award of spousal maintenance. Some of those circumstances include when the parties have had a long-term marriage, or a spouse is not able to work at an income level to be self-sufficient, or if a spouse has reduced…
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