Divorce, Custody, And Family Law Services

Protecting Your Retirement Goals In Your Divorce

A divorce can disrupt many things, including your retirement planning. What happens with retirement assets during your divorce can have massive impacts on your future. Given this, having a strong and knowledgeable divorce lawyer protect your interests and goals can be critical. The Law Office of Nellie Draus Stallings is here to help.

From her Louisville, Kentucky, office, attorney Stalling assists clients throughout Jefferson County with property division issues involving complex assets, including retirement accounts. Put over 25 years of experience, extensive knowledge of the local court system and tireless dedication in your corner.

Ready To Help With All Types Of Retirement Assets

Your retirement portfolio going into a divorce could contain many different types of assets, including:

  • 401(k)s
  • Brokerage accounts
  • Pensions
  • IRAs
  • Investment plans

Whatever types of retirement accounts your divorce case involves, attorney Stallings is here to give you the tailored support you need.

Are All Retirement Accounts Subject To Division?

Whether a retirement account is up for division in a divorce mainly depends on whether it is marital or separate property. Typically, only marital property is divided. Things that could make an account separate property include:

  • Timing: Accounts obtained before a marriage are generally separate property. However, funds you add or interests that build up on such an account during the marriage are generally marital.
  • Where it came from: Assets given as inheritances or gifts may be separate property.

Given this, careful tracing of retirement assets is crucial to protecting your rights in a divorce. Attorney Stallings can help you accurately classify your various retirement accounts.

Are Retirement Assets Split 50/50?

Under Kentucky’s equitable property division system, retirement assets that are marital property are to be divided fairly. This doesn’t always mean 50/50. A wide range of factors can impact what a just split would be. Attorney Stallings can help you with every step of pursuing a fair division consistent with your goals.

When A QDRO Is Needed

Some types of retirement assets, such as a 401(k), can only be divided with a Qualified Domestic Relations Order (QDRO). Attorney Stallings can explain which of your accounts would need such an order.

Get Support You Can Trust

Retirement account division matters can have long-lasting impacts. Make sure these issues get the careful attention and care they deserve. Reach out to attorney Stallings today and discover what a difference her experience can make. You can contact her by calling 502-754-0757 or completing this form.