THE LAW
Federal and state law allow for a variety of retirement orders that can be used to divide assets without early withdraw penalties, tax implications or other consequences.
In a Maryland divorce matter, the court can award or the parties can agree that one spouse will receive a share of the other spouse’s retirement benefits, such as:
- 401(k)
- 403(b)
- IRA
- TSP
- pension
- FERS
- Maryland State Retirement System Pension
Additionally, the court can order the garnishment of a retirement account to pay child support or alimony. However, to accomplish these transfers, a specific order is required depending on the type of retirement account to be divided.
For example:
- a 401(k) will require a Qualified Domestic Relations Order
- a federal thrift savings plan will require a Retirement Benefits Order
- the federal FERS pension requires a Court Order Acceptable for Processing
Additionally, other financial benefits from employment may require a court order to effectuate the terms of the parties’ final settlement agreement or the court’s final order.
ASSISTANCE PROVIDED BY FLAG
Retirement Orders have specific requirements, and the plan administrator may have extensive paperwork that must be reviewed to prepare an order that complies with both the plan’s requirements and applicable federal and state law.
Sarah Novak Nesbitt, Managing Attorney of FLAG’s Family Law Division, has extensive experience preparing these orders. She is one of the few attorneys in the State of Maryland who prepares these very specialized Orders and receives referrals from many family law attorneys for assistance. She has prepared over one thousand QDRO orders with an expertise second to none.
Unlike the other services offered by FLAG, these orders are prepared for a flat fee, which includes:
- necessary communication with Sarah
- the drafting of the order
- any revisions agreed to by the divorce attorneys or required by the plan
- the service of the order on the plan
Protect your rights to retirement benefits after your divorce.
Call our office (410) 884-0400 to schedule an Initial Consultation to discuss your legal rights.
Click to read our Blog articles on QDROs.
