Pensions, 401(k)s, Retirement Benefits & Divorce

Fighting for Fair Division of Retirements

The division of assets is an important part of every divorce. However, pensions, 401(k)s, and retirement accounts are not normally at the top of the minds of people going through a divorce. These funds are usually a secondary thought because they are not readily available-- or even designed to be divisible. They are, however, an important part of each party's financial future that must be parsed in the property division process.

Our experienced attorneys can help determine the value of these complex assets and oversee their division. At Ford & Friedman, we work with an established network of financial and legal experts, including pension actuaries and attorneys specializing in qualified domestic relations orders. These experts can often cut through the web of bureaucracy that entangles these assets and help us ensure that they are properly and fairly divided on your behalf.

Our team can help ensure you receive the qualified benefits you deserve. Contact us today at (702) 904-9898 to get started.

Dividing Marital Share of Qualified Benefits

The court will often consider a pension or 401(k) plan as community property if all or part of it was earned during the course of a marriage. Our team can carefully evaluate all of your' finances, dates of employment, and other important factors to ensure that all qualified benefits and accounts are properly classified (as either community or separate property) before they are divided.

Retirement assets that may be considered community property include:

• 401(k)s
• Profit sharing
• Stock options
• Deferred compensation
• Pensions accrued through their years of employment

Survivorship benefits are also important to consider in these cases and our firm offers analysis of these often-overlooked assets in a divorce. At Ford & Friedman, we continually stay on the forefront of this contentious area of the law to make sure that you never walk away from your divorce without having your right to retirement benefits properly articulated before the court.

Understanding Your Rights in Retirement Asset Division

Divorce can complicate the division of retirement benefits significantly. At Ford & Friedman, we believe it's crucial for clients to understand their rights and options regarding retirement assets. Whether you’re confronting a complex pension plan, 401(k), or other retirement benefits, our experienced legal team is here to simplify the process for you.

Here are some key points to consider when navigating retirement asset division:

• Community Property Laws: Nevada follows community property laws, which means that assets acquired during the marriage may be considered jointly owned and subject to division.
• Qualified Domestic Relations Orders (QDROs): For the division of qualified retirement plans, obtaining a QDRO is essential. Our attorneys are skilled in preparing these documents to ensure that your entitlements are properly recognized and executed.
• Valuation of Assets: Accurately valuing retirement accounts can be challenging. Our team will assist in obtaining professional appraisals to ensure you receive a fair share.
• Tax Implications: Understanding the tax consequences of dividing retirement assets is vital. We’ll guide you in making informed decisions that protect your financial interests.
• Consultation and Support: Our firm offers consultations to discuss your unique circumstances. We’ll provide personalized strategies that foster your long-term financial security.