Apportioning Retirement Plan Assets in a Divorce Negotiation

by Phillips, Howard

The 1st or 2nd biggest asset in a marital estate is the benefits/accounts that one or both married partners have accumulated during their marriage. Appropriately dividing these benefits/accounts in a divorce requires that each of the parties, and their advisors, be fully informed as to how and when that division should be implemented .

<b>"DIVIDING RETIREMENT PLAN ASSETS IN A DIVORCE"</b> - a clear and concise paperback release/e-book about how to properly apportion retirement plan assets in a divorce - is now available. This paperback release/e-book provides crucial information for:



1. The divorcing parties, making sure that each party receives his/her rightful portion of retirement plan benefits/accounts.
2. Their counsel, supplementing their discussion with their clients in connection with all of the retirement plan benefits/accounts sharing choices needing deliberation .
3. Their accountants, as they analyze the assets in the marital estate to be shared .
4. Their financial advisors, in connection with the investment considerations that will be applicable to the division of retirement plan assets, especially with reference to the IRA Rollover that may result from that division.
5. Pension professionals, who may use the guide as a tool to hand out to prospective clients and client referral sources in connection with possible plan benefit/account valuation and QDRO preparation work.

(NOTE: A 2013 United States Supreme Court decision, and the follow-up rulings by the governmental agencies involved in regulating retirement plans, brings same gender marriages and spouses into the world of retirement plan benefit/account sharing in a divorce judgment . The State where the marriage was performed determines the legitimacy of the marriage, not the State of domicile.)

There are a variety of reasons why the division of retirement plan assets needs to be carefully considered. For example, many unions begin with one or both parties having been employed for some time, where that employment provided for participation in a retirement plan. Therefore, the portion of the retirement plan benefit or account that built up during the marriage did not begin at zero . There are several ways to determine how to exclude, or partially reflect, the portion of the benefit or account to be apportioned which is attributable to the pre-marital years.

Moreover, a detailed discussion is required with regard to the assorted ways to divide the retirement plan assets between the divorcing parties. If we know the value of the retirement plan assets, do we just offset it against one or more of other marital assets? Or, do we distribute the shares now, later, or at some other point in time?

Finally, some very unique issues typically arise in reviewing the marital assets attributable to retirement plan assets. These include, but are not limited to, retirement plan funds that were previously distributed to an IRA for one or both parties; retirement plan monies that were borrowed during the marriage; and special bonus retirement benefits provided.

The new book release <b>"DI</b><b>VIDING RETIREMENT PLAN ASSETS IN A DIVORCE"</b> is a comprehensive resource for divorcing parties, and their advisors, to help answer all of the above questions, and more.



<a href="http://divorcepensionrights.com/dividingretirementassets/about-the-author/">Howard Phillips</a> is a pension actuary, and has helped companies and their employees with the design, installation and
administration of their tax-qualified retirement plans.Over his 40 year career, Mr. Phillips was President of Consulting Actuaries Incorporated and President and Director of The American Society of Pension Professionals
and Actuaries.<a href="http://divorcepensionrights.com/dividingretirementassets/">DIVIDING RETIREMENT PLAN ASSETS IN A DIVORCE</a> is his first book.

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