Skilled Counsel In Dividing Key Retirement Assets During Divorce

Dividing pensions, IRAs and 401(k)s is a critical part of the divorce process. Florida law is gender neutral when it comes to the division of assets, so it doesn't matter if the retirement plan is in the wife's name or the husband's. Any money that was added to the account during the marriage is considered marital property and therefore subject to equitable distribution.

Experienced Counsel Giving Guidance And Support

Attorney Michelle A. Barry is proud to provide knowledgeable, personal legal guidance in the division of all types of retirement accounts and complex financial assets. This includes helping you avoid tax penalties through the use of a Qualified Domestic Relations Order (QDRO), where appropriate.

We are familiar with:

  • 401(k)s
  • IRAs and Roth IRAs
  • Simplified Employee Pensions (SEP)
  • Savings Incentive Match Plans for Employees (SIMPLE)
  • Health Savings Accounts (HSA)
  • Military pensions
  • Government pensions
  • Other types of accounts

Weighing Retirement Plans Against Other Assets

Retirement plans often play a pivotal role in the negotiation of property division settlement agreements because they can be weighed against other marital assets. Essentially, they act as important bargaining chips. You may agree to let your spouse keep his or her entire 401(k), for instance, in exchange for letting you keep the house and the equity within it.

Contact Us Now To Talk To A Lawyer

At the law office of Michelle A. Barry, we understand how important it is for you to protect your financial future and retirement options. That's why we take a personalized approach to each case — carefully determining what's most important to you, and finding solutions that meet your needs and goals.

To learn more about how we can help safeguard your interests during divorce, arrange an initial consultation with a lawyer from our firm. Call our office in Longwood at 407-622-4529 (toll free 888-351-8303) or send us an email.

A free 15-minute initial telephone consultation is available to discuss your case. Email documents to us prior to a call for the most beneficial use of your time. In-person consultations are available at a reduced rate that will be put toward a retainer. We accept credit cards for additional work.