Skillfully Dividing Retirements Account In Divorce

If you and your spouse are divorcing in Pennsylvania, your retirement accounts may constitute a considerable part of the property settlement. For this reason, it's essential that the division is fair.

At Graff & Associates, LLC, in Philadelphia and Jenkintown, you will work with attorneys who know how to help you navigate the complexities of divorce. Often, retirement accounts are split down the middle in a divorce case, but that may seem unfair to a spouse who has contributed the majority of the money to that account.

Let us review the details of your situation and help you come to an agreement that protects your financial interests and your future ability to retire in comfort. We are skilled at dividing:

  • Individual retirement accounts (IRAs) and Roth IRAs
  • 401(k)s
  • Pension plans
  • Military retirement benefits
  • Other assets

How Retirement Accounts Are Viewed

In order to make sure each spouse is treated fairly when it comes to retirement accounts, it is important to understand how much of the money is marital and how much is separate.

For example, any money that went into the retirement account before the marriage began is typically considered separate retirement money, and money that was added during the marriage is typically considered marital money. Money acquired by inheritance or gift during the marriage is generally also considered separate and won't be included in the amount to be divided between the spouses.

Division By Equitable Distribution

The courts in Pennsylvania use the concept of equitable distribution to divide assets, and that includes retirement accounts. Income, age, education, health, the length of the marriage and other factors all matter when it comes to distributing assets. A qualified domestic relations order (QDRO) makes it possible for a company to divide retirement benefits between an employee and his or her former spouse.

When you need legal help protecting your share of marital property, contact Graff & Associates, LLC, today at 215-649-7395. Our lawyers will provide the information and advocacy necessary to divide and protect your retirement accounts with an eye toward guarding your future.