Qualified Domestic Relations Orders In Property Division

Many people undergoing divorce are surprised to learn that pensions and retirement accounts are subject to equitable distribution just like other marital assets. Under Florida law, both spouses “earned” that money even if one spouse did not work outside the home.

Because retirement savings commonly represent a large share of the marital estate, those funds can become the focal point of intense disputes. Attorney mediator Beth Reineke provides mediation of asset division and other aspects of divorce. By reducing conflict and promoting agreements, she helps couples preserve wealth for themselves and their heirs rather than dwindling assets through unnecessary litigation.

Attorney mediator Beth G. Reineke is certified by the Florida Supreme Court to conduct divorce mediations. She taps more than 25 years of experience to guide clients in the Tampa Bay Area to practical and creative solutions in dividing their marital estate.

QDRO: Retirement Assets In Divorce Mediation

Typically all assets accumulated during marriage are considered joint property, no matter whose name is on the account or who contributed through paycheck deductions. This includes:

  • Private pensions
  • Government or military pensions
  • 401(k) plans
  • IRAs (individual retirement accounts)
  • Other qualified retirement plans
  • Stock options and deferred compensation
  • Salary, bonuses and commissions

Dividing certain types of retirement assets requires a qualified domestic relations order, or QDRO. A QDRO apportions the couple’s total nest egg in accordance with the parties’ mediated agreement. This might range from a 50-50 split to no split at all, depending on how many years the marriage and the retirement accounts overlapped.

In mediation, each spouse’s share of pensions and retirement benefits can be used as a bargaining tool in the marital settlement agreement. One spouse might trade his or her retirement, for instance, for full stake in a closely held business or equity in the marital residence.

Experienced Mediator For Pension Division

Beth Reineke helps couples resolve the division of pension and retirement benefits through pre-suit mediationcollaborative divorce or court-ordered mediation.

To discuss dividing marital assets with Tampa divorce mediator Beth Reineke, contact or call 813-438-7129 for a free phone consultation. We serve couples throughout Hillsborough County, Pinellas County and the surrounding Tampa Bay Area.