Social Security Benefits and Divorce

While Social Security benefits aren’t divided in divorce, like other retirement assets, an ex-spouse might still claim benefits based on others records. Knowledge of the requirements and limitations can impact post-divorce financial planning. For more information, please consult an experienced family law attorney.

Valuation Date: Why Timing Matters

The value of retirement assets can fluctuate. The chosen valuation date for these assets and the divorce process can significantly influence the division amount. Whether the date of filing, separation, or another agreed-upon date is used, understanding its implications is crucial. For more information, please consult an experienced family law attorney.

What is P in PEACE?

P stands for parental responsibility and timesharing. So essentially the court is going to want to rule on the children’s issues first. Parental responsibility is decision-making over the minor child and timesharing, which used to be called visitation, but that’s really where will the child sleep at night, at which parent’s house. So the court

What to Tell Your Lawyer Before the Consultation

The biggest things that I ask clients about, or potential new clients about, tell me about your assets, your bank accounts, your retirement accounts, your, the real property that’s owned, automobiles, are they owned or leased, checking accounts, savings account, income, pay stubs, pay records, tax returns. We also ask about credit cards, other liabilities,

Military Pensions and Divorce in Florida

Military pensions come with unique rules. The Uniformed Service of Former Spouses Protection Act governs their division, allowing states to treat military pensions as marital or community property. Understanding the nuances can ensure fair distribution. For more information, please consult an experienced family law attorney.

Every Case is Different

Everyone’s case has a different fact pattern. All too often people say, “Well, my neighbor got this and my friend got that and my best friend was awarded the house. How come I’m not getting it?” The unfortunate part is those individuals may not know all of the facts of that particular person’s case and

IRAs: Distribution without QDRO

Unlike 401ks, IRAs don’t require a QDRO. However, proper documentation is essential to avoid tax implications. Typically, the divorce decree or separation agreement details, guide the division, ensuring that the transfer is labeled as incident to divorce. For more information, please contact an experienced family law attorney.

QRDO: The Key to Pension and 401k Division

Qualified Domestic Relations Orders, known as QDROs, allow the retirement assets to be split and given to the ex-spouse without tax penalties. The details of a QDRO can be intricate, making it essential to ensure proper drafting to avoid unnecessary costs and taxes. For more information, please consult an experienced family law attorney.

Marital Settlement Agreements 101

Well, the marital settlement agreement would normally be entered into during the litigation process. There are some times where you can do a marital settlement agreement prior to litigation, but normally those are done also after full and frank disclosure. So the two agreements have some similarities, but there is a big difference. For example,

Will My Spouse Pay My Attorney’s Fees?

The process of divorce isn’t just about separating lives. It’s also about separating assets. One of the most overlooked and misunderstood assets is retirement accounts. In Florida, these accounts, when accumulated during the marriage, are usually considered marital assets and subject to equitable distribution. For more information, please consult an experienced family law attorney.

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