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Don’t Overlook Retirement Assets in a Divorce

It isn’t pleasant, but the fact today is that roughly 50 percent of all marriages end in divorce. Obviously, this can have a huge emotional impact on all parties involved. But the financial impact of a divorce, too, can have long-ranging consequences if you have not adequately protected yourself during divorce proceedings.

If you find yourself going through a divorce, it is important that you do not forget about your retirement when considering who gets what in the property settlement. Besides the house, the cars and the dogs, pensions earned during a marriage are considered joint assets and marital property. In fact, retirement assets can be a couple’s largest asset to be divided. So, be sure to locate copies of shared financial accounts including all pension and retirement programs. And don’t forget to incorporate any benefits from prior jobs that you and your spouse may be entitled to.

Even though you may be entitled to benefits, you must specifically request your share from each retirement program at the time of the divorce. To do this, request a Qualified Domestic Relations Order (QDRO) from the court at the time of your divorce that spells out the amount and terms of your share of your spouse’s retirement plan, and send it to the plan administrator of each plan in question. Ensure that the types of investments held within the account are split proportionately. Find out about each plan’s survivor’s benefits, and what happens if your ex-spouse dies before (s)he retires, or what happens to the benefits if you remarry. Be sure all the pension issues are ironed out before the divorce is finalized to save you any additional problems, and costs, down the line.

In addition to pension benefits, if you had been married at least 10 years, you’re entitled to a portion of your ex-spouse’s Social Security benefits, which could be higher than your own. Any benefit you may receive from your ex-spouse’s Social Security benefit will not affect the amount of their benefits or that of anyone else (including a new spouse, should they remarry). If you remarry, you generally cannot collect benefits on your former spouse’s record unless your later marriage ends (by death, divorce or annulment). The rules are complicated and you should contact your local Social Security office or call their toll-free number 800-772-1213 to get answers to your specific questions.

Divorce is never easy, but with some forethought and planning, you can be sure that your retirement dreams don’t get lost in the shuffle. And happily married or otherwise, you need to take responsibility for your own financial future. Be sure to protect your assets—it’s always a good idea to enlist the advice of a financial planner in addition to your divorce attorney.

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