Employer-provided retirement plans are very important assets, and in a divorce proceeding, their importance rises to a whole new level. Certain retirement fund benefits may have one or more beneficiaries, but Qualified Domestic Relations Orders, or QDROs, must first...
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3 tips for protecting your retirement savings during divorce
As your marriage fades away, you do not need to let your retirement savings to go with it. You probably have concerns about your spouse getting a huge chunk of your retirement savings. The thought of watching your 401(k) or IRA go down the drain may be just as...
Can I request custody of a child if I am not the parent?
You are not the parent of the children you take an active role in helping to raise, but you love them very much. Recent circumstances have made it necessary to question who the children’s primary custodial guardian should be. If you are not the biological parent, do...
3 ways to make divorce immensely easier on the kids
Divorce is one of the most stressful things a person can go through. The reason for this is that a breakup of any kind leads to a disruption in a person's normal activities. The status quo is no longer there, and it is important for spouses to understand that...
What happens to your pension in a New York divorce?
Getting a divorce is a difficult process on both an emotional and a practical level. There are so many things to consider that it can often happen that some detail gets overlooked. Financial assets are of primary importance, and the division of your assets...
What causes divorces to drag on?
Ending a marriage is a painful and stressful proposition, made all the more difficult because of uncertainties. Many couples are reluctant to pursue a divorce because they fear it will drag on forever. Fortunately, many couples are able to finalize the...
How are gifts treated during a divorce?
Divorce rates continue to decline. An article in the New York Times reports that for the last several decades, divorces are decreasing throughout the United States. However, a decline does not mean there are not people in New York who will not have to deal...
How to talk to a spouse about a postnuptial agreement
Prenuptial agreements have grown in popularity in recent years. CNBC even reports that the number of prenups in America has increased five times in the last 20 years. There are various explanations for this, including the fact that more people are aware of...
The evolution of the definition of parenthood in New York
Although it may seem counterintuitive, the definition of a parent varies from state to state. A recent New York Supreme Court ruling has moved in a direction that many hope courts across the country will imitate. The new legal precedent gives rights that were not...
Basics of pension benefits division during divorce
In New York, the property subject to equitable distribution in a divorce may include pension benefits. Generally, the specific type of retirement account will not matter as distribution includes all kinds of plans. Calculating the portion of the benefit subject to...