The marital portion of each spouse’s retirement accounts are typically divided in a divorce.
This is done without tax liability under ERISA, the federal statute that regulates retirement benefits, and accomplished with a qualified domestic relations order (QDRO).
QDRO rules apply to retirement plans such as 401(k)s, pensions, and 403(b)s. A QDRO gives a spouse the right to receive party of the other’s retirement plan after divorce.
Please contact us online or call 212.681.6400 or 516.858.2115 to learn more about contested and uncontested divorce from our experienced attorneys in either the Manhattan or Long Island Office.