Retirement Planning with glasses and pen, business concept

You’ve worked your whole life to save for your future. Now that divorce
is inevitable, it’s important to understand how your marital dissolution
will impact your retirement accounts. Any retirement accounts or other
investments that have accrued during the marriage are generally considered
marital property. They will be subject to “equitable distribution”
during the divorce. Although equitable does not mean equal, it often does.
This means that your retirement account will be subject to distribution.
However, it’s usually not preferable to simply withdraw half of
the account like you would a regular bank account, without incurring penalties.
Moreover, sometimes a pension or retirement will not vest until sometime
after the entry of the divorce. This means that it is probably impossible
to withdraw the other spouse’s equitable share at the time of the
divorce. IRAs and 401(k) plans have complex regulations which prohibit
liquidating funds without incurring penalties and tax consequences.

The solution is a legal document called a “Qualified Domestic Relations
Order”, or a QDRO for short. This document will be drafted by your
attorney or a QDRO preparation serviceat the end of your divorce and sent
to the bank pension administrator for approval. The QDRO will direct the
bank to divide the account into two accounts, placing your spouse’s
share into the new account. This allows the accounts to be divided without
or other financial penalties associated with liquidating a retirement
account. Your attorney may coordinate this decision with a tax professional
or your financial advisor to make sure that the division is in your best interest.

Although QDROs are used quite often, there are alternatives. The goal in
equitable distribution is to reach a fair settlement for both parties.
This does not necessarily mean both parties take exactly half of each
item. Instead, to avoid dividing large assets such as a retirement account,
it is possible to give the other spouse a larger share of a different
asset. For example, if you want to keep your retirement intact, it may
be advisable to give the other spouse a larger share of the equity from
the marital residence to make up for the share of your retirement. This
will depend on the specific circumstances of your case and the ultimate
goals that are important to you in settlement.

Untangling the financial ties between you and your spouse can be complex
and overwhelming. You need
about the issues and the alternatives. Call us today at (732) 479-4711
to talk about your retirement and your future.

About the Author


John Nachlinger is a co-founder and managing attorney of Netsquire, a family law firm focused on streamlining divorces through effective mediation, settlement drafting, and court filing assistance. As a New Jersey Supreme Court Certified Matrimonial Law Attorney and Qualified Mediator, John guides couples toward equitable agreements without the cost and stress of litigation.

Recognized as a New Jersey Super Lawyer for over a decade, John’s client-focused approach aims to foster understanding during challenging transitions. With a background spanning top law journals, judicial clerkships, and boutique family law firms, John now applies his analytical skills to create workable solutions for all parties. His mediation services reshape the divorce journey by prioritizing compassion and compromise.

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