Divorce and Retirement Benefits

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A divorcecan affect everything that you own including your retirement benefits. There isa strong possibility that some of your benefits and investments will have to bedivvied up in a divorce case. A divorce can also affect the benefits that youreceive for years to come.

 

There aresome ways to alleviate the effect of divorce on retirement benefits. Before youtake that step you should find out what your rights are what your spouse islegally entitled. Then you can plan a course of action that can benefit bothparties.

 

GetSome Legal Advice

Even if youand your spouse agree to an amicable divorce and a settlement you may stillneed to work with a divorce attorney. Any agreement you work out will have tobe legally binding. The laws in every state are different but most of themprovide for some sort of no-fault divorce. You might be able to work out asettlement that will not cost much.

 

When you seethe attorney lay out all of your retirement investments and ask her what theimpact of the dissolution will be upon them. Also ask about taxes and how theproceeding will affect them. If you end up rolling over any funds be sure toroll them over with a 1035 exchange. If the funds are not placed directly intoanother retirement vehicle they could be subject a 10% tax penalty.

 

If there isany support of dispute you should definitely get your own attorney. You willneed somebody looking out for your interests and protecting your retirementincome. In a nasty divorce your spouse’s lawyer will be definitely not belooking out for your best interests.

 

HowDivorce can Impact Retirement Benefits

A divorce’simpact on retirement benefits and potential retirement benefits can be affectedby many different factors. Prenuptial agreements, state laws, legal precedentsand the contracts governing benefits can all have an impact.

 

The funds inan IRA or 401k can be divvied up between spouses or awarded to one spouse.These should be left in retirement vehicles because of potential tax penalties.The money in an annuity can be affected by the spouse’s agreement and thewording of the contract that created it. It could be possible to simply splitfuture annuity payments between two beneficiaries.

 

Somethingthat can affect a retirement plan is the amount of money an individual put intoone before the marriage. If a Frank put most of the money into the plan beforehe married Greta and they divorced he could be awarded most of those funds.Frank could also buy out Greta by writing a check equivalent to the funds inthe plan.

Divorceand Other Benefits

Divorce willonly impact Social Security benefits if one of the spouses was no working.Betty was a stay at home mom for several years while she was married to Barney.Therefore she could be entitled to some of Barney’s Social Security benefits.Pensions are usually treated much like IRAs by divorce courts so the court maygive a spouse a percentage of one.

 

PrenuptialAgreements

If you aregetting married later in life and you or your potential spouse have substantialretirement benefits you should definitely consider getting a prenuptialagreement. Such an agreement can help you avoid divorce court and protect yourfuture benefits. No matter what your age is you should make sure thatretirement benefits are covered by your prenuptial agreement. If a large amountof money is involved such an agreement should definitely be written by anexperienced attorney to ensure that it is legal.

 

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