Post-Divorce Pension and Deferred Compensation Account Transition

shutterstock_170949320All property that is acquired during the marriage is divided in a Divorce in New York State. That includes all deferred compensation plans and defined benefit plans. A defined benefit plan is a plan that pays a specific amount of money every month after retirement. A deferred compensation plan is a plan that consists of a set amount of money that can be accessed at periodic intervals after the age of 59 and a half.

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The defined benefit plan is divided by an order that either sets up a shared pension, or a separate interest pension. In both circumstances, the spouse that is not a participant in the plan will receive a periodic monthly payment from the pension after retirement. The deferred compensation plan is simply divided either in half, or by a percentage that either they or the court has ordered. The part that belongs to the spouse who is not a participant in the plan is rolled over into a rollover IRA. That plan is titled to the spouse that is not a participant in the plan.

This informational blog post was provided by Jean Mahserjian, an experienced New York Qualified Domestic Relations Orders Lawyer.

Jean Mahserjian, Esq. Avatar

Jean Mahserjian, Esq.

Attorney Albany Law School at Union University, New York State Bar

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, an online uncontested divorce service and various areas of estate planning.

Areas of Expertise: New York Divorce, Separation, Child Custody, Child Support, Spousal Support, Property Distribution, Post Divorce Issues, Real Estate Closings, Sale of Marital Real Estate, Preparation of Qualified Domestic Relations Orders, Dividing Retirement Assets
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