TAMPA DIVORCE – RETIREMENT ASSETS & QDROS
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 Reineke is certified by the Florida Supreme Court to conduct divorce mediations. She taps more than 30 years of experience to guide clients in the Tampa Bay Area to practical and creative solutions in dividing their marital estate.
“She mixed her life experience, and legal training, with patience, logic, and persuasion, to move our case forward to a more thoughtful, and peaceful resolution, for everyone involved.”
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 of 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.
Supreme Court Certified Mediator
Not all mediators are licensed attorneys- Reineke Mediations brings legal experience and practical insights to the mediation process.
Over 3 Decades of Legal Experience
Reineke Mediations has over 3 decades of legal experience in helping families find divorce resolutions.
We believe any aspect of divorce and custody can be resolved without a courtroom fight. Reineke Mediations has experience with mediating complex property division, entrenched custody disputes, and high-stakes alimony and child support issues. Reineke Mediations provides creative suggestions, gentle guidance, and reality check wisdom from years of hard work in courtroom wars.
We offer free phone consultations and reasonable rates for mediation, drafting of agreements, preparation of court documents and other mediation services. During your initial consultation, Reineke Mediations will discuss the benefits of mediation and alternative dispute resolution (ADR), and whether these methods are the right fit for your situation.
Beth Reineke helps couples resolve the division of pension and retirement benefits through pre-suit mediation, collaborative divorce or court-ordered mediation. Once an agreement is reached, Reineke uses her skills as an attorney to draft the Marital Settlement Agreement detailing how the retirement benefits are to be divided. This is a prerequisite to a QDRO. Reineke, like most other family law attorneys, does not draft QDROs. QDROs are drafted after the final judgment approving the Marital Settlement Agreement is entered by attorneys who specialize in drafting QDROs.
To discuss dividing marital assets with Tampa divorce mediator Beth Reineke, contact us or call (813) 336-5012 for a free phone consultation. We serve couples throughout Hillsborough County, Pinellas County, Pasco County and the surrounding Tampa Bay Area.