However, you recognize that retirement plans might not be the easiest entity to
divide during the divorce process, especially given the fact that they are considered to be protected assets under federal law.
Not exact matches
For example, if the parties execute a separation agreement that resolves the manner in which certain financial assets will be
divided, this matter will not need to be resolved
during the
divorce process.
During both
divorce processes, a judge will
divide marital property, decide issues of custody and child support, and determine if spousal support is appropriate.
During your
divorce, one of the most important steps is the discovery
process — the mandatory and formal exchange of information and records by the parties where they disclose their assets and obligations so that the parties or a judge can decide how the community property will be
divided.
Before you and your former partner begin the complex and often distressing
process of
dividing your marital property
during divorce, talk to one of the experienced attorneys at Florida Family Law Clinic.
During the
divorce process, the courts will
divide the shared debt through a
divorce decree, meaning that one party will take full responsibility for the house while the other party will be responsible for any auto loans, for example, as Credit.com explains.
During your
divorce, one of the most important
processes you will go through is the discovery
process — the formal
process by which the parties disclose their assets so that a court or the parties can decide how the community property will be
divided.
You and your spouse may file a marital settlement agreement
during the
divorce process if you have property and debts to
divide and agree on how to split these items.
However, after 1984, congress made an exception to this protected status for retirement plans, which permitted retirement plans to be
divided between spouses
during the
divorce process, only if ordered by the court in a QDRO or some other type of Domestic Relations Order, as required by the particular plan.
Since Washington is a community property state with specific rules about the division of assets acquired by either partner
during a marriage,
dividing up your marital property (including debts) will also be required as a part of that
process, just like in a
divorce.
During the
divorce process, state courts may determine how to
divide child custody between the
divorcing parents, if the parents can not come to their own arrangement.
From what is considered non-marital or marital property, to how the court
divides up property, Sean Sullivan, Illinois Family lawyer discuss the intricacies of property division
during the
divorce process.