Issues in Divorce

Dividing Retirement Assets in a Divorce

Even through the difficult process of a divorce, it is critical that informed financial decisions are made regarding the division of the property that was accumulated during the marriage. Retirement savings are one of the largest assets many people own, and therefore it usually becomes an important issue in divorce proceedings.

For instance, if your spouse has an employer-sponsored retirement plan such as a 401(k) or pension plan, you're legally entitled to part of the balance. But how do you protect your share? What's to stop your spouse's employer from paying out the benefits to your spouse or ex-spouse, leaving you with little or nothing?

A Qualified Domestic Relations Order (QDRO, pronounced "quad row") can protect your interests. A QDRO is a court order, judgment, or decree related to child support, alimony, or property rights that instructs your spouse's pension plan how to pay your share of plan benefits.

QDROs only apply to plans that are IRS tax-qualified and covered by the Employee Retirement Income Security Act (ERISA). They do not apply to military or government pensions, which are governed by other laws. A QDRO can provide protection that a marital settlement agreement does not, so coverage shouldn’t be assumed just because a divorce decree states a right to part of your spouse's retirement funds.

The attorneys at Dishon & Block specialize in the preparation of QDROs which is an important consideration to ensure that all of the related issues in your marital settlement agreement are incorporated into the QDRO and that your rights are fully protected in a way that a generic QDRO form can't provide.

Our firm has the experience with drafting the necessary court orders to effectuate the division of pension plans.  When there are more complicated issues, our multidisciplinary approach allows us to seek the assistance of actuaries and pension experts who are able to value and or assist in the division various pension plans.

Parenthood Without Marriage Comes With Legal Consequences

With divorce rates at an all-time high, it isn’t too surprising that many couples today are choosing to start families without first exchanging vows. Some say this trend has a lot to do with the increasing number of people who are putting off marriage and/or living together without getting married. I think it also reflects the fact that having a child out of wedlock is more acceptable today and not necessarily the source of shame it once was.

We often see it glamorized in Hollywood which has surely contributed to its popularity, but what we don’t see are the consequences that result from this decision. Of course, there are also times when having a child out of wedlock is unexpected, but welcomed. In either case, it is important that people in this situation understand the legal consequences.

Unmarried partners who wish to raise children together will face many unique issues. When a child is born, most states won’t allow the father to be added to the child’s birth certificate in California if the parties are not married, unless he first signs an affidavit or voluntary declaration of paternity. This form may have legal consequences in the future in the event the mother later requests child support from the father. In addition, if the parents can’t agree on child custody and child visitation and they need to go to court, they once again have to establish the paternity of the child first. If the couple splits up before the child is born, the mother may give the child her surname which can then require the father to go to court to have his surname added legally.

Probably one of the more significant legal complications occurs when a mother decides to deny the father visitation with the child. When this happens, it becomes very important that the father immediately file a motion in court for visitation in order to protect his right to spend quality time with his child. Dishon & Block’s team of Family Law Attorneys can assist with all aspects of paternity, child custody and visitation.