What is Important to Know about Retirement and Pensions in a Divorce?

Often divorce attorneys get asked the question of what’s going to happen with regard to my spouse, or my soon to be ex, spouse’s pension, retirement and 401(k) plan. In the state of New Jersey, retirement plans and pension plans are subject to equitable distribution, which means that the marital share of that plan, pension or 401(k), is distributed equally between the parties, so from the date of marriage to the date the complaint is filed, most often, is subject to a 50/50 split between the parties. It gets done via a Qualified Domestic Relations Order or a QDRO that gets implemented in order for the pension or the retirement plan to be split appropriately. I suggest that if that is a situation in your divorce, that you do consult with an attorney to make sure that your rights are being protected.

The law firm of Mattleman, Weinroth & Miller, P.C., is composed of experienced divorce attorneys in the state of New Jersey. Please contact the office for a free initial consultation and get any questions answered.