Learn about QDRO distribution and how retirement plans are divided in a divorce in New York state in this educational video by experienced Albany divorce lawyer Ashley Mahserjian.
When you get a QDRO done, typically in matrimonial, QDROs are divided 50/50. It’s per the Majauskas Rule, which is pursuant to case law. However, you don’t have to divide your retirement plan 50/50. If the parties agree, they can use whatever percentage that they want.
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When couples divorce, the assets they’ve reserved for retirement can be divided proportionally without tax liability under ERISA, the federal statute that regulates retirement benefits. Whether your retirement plan is a defined contribution or a defined benefit plan, you will need a qualified domestic relations order (QDRO) signed by a judge and accepted by the plan to effect a division of the marital portion of the fund. The divorce attorneys at Jean M. Mahserjian, Esq., P.C. have vast experience obtaining QDROs and interfacing with plan administrators to secure a division of the funds.
Jean M. Mahserjian, Esq., is a New York family law and divorce attorney in Albany, Saratoga, and the surrounding areas. For more than 20 years, Jean has maintained her capital region law firm, located on Route 9 in Clifton Park, New York. The practice encompasses all areas of family and matrimonial law, and an online uncontested divorce service.
Our family law services cover every aspect of divorce at every stage, from contemplation to litigation, from settlement to modifications of orders. Jean M. Mahserjian, Esq., P.C. maintains low effective hourly rates for all of our legal services.