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Retirement and Investment Accounts in Divorce

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Retirement and Investment Accounts in Divorce

Clinton Township Lawyers for Retirement and Investment Accounts in Divorce

Dividing assets during a divorce is often complicated, but retirement and investment accounts in particular can present unique challenges that significantly impact your long-term financial security. Assets like 401(k)s, pensions, and brokerage accounts require more than determining a simple 50/50 split; they demand a detailed understanding of tax laws, market fluctuations, and specific legal procedures. Without proper legal guidance, you risk losing a substantial portion of your financial future.

At Iafrate & Salassa, P.C., our lawyers have the skills and experience needed to protect your interests when dividing complex financial accounts. We understand Michigan’s equitable distribution laws and how they apply to your retirement and investment portfolios. Our team works diligently to determine a fair valuation and division, providing you with the clarity and support you need to make informed decisions for a secure future.

Considerations for Dividing Retirement and Investment Accounts

Unlike dividing a bank account, separating retirement and investment assets involves a maze of regulations and potential penalties. A misstep can lead to significant tax liabilities and diminish the value of your share. Our team can help you address these key issues:

  • Marital vs. Separate Property: Typically, only the portion of a retirement or investment account that was accumulated during the marriage is considered marital property. We work to accurately trace and distinguish between marital and separate funds, which is especially important for accounts that existed before the marriage or received contributions from inheritances.
  • Qualified Domestic Relations Orders (QDROs) and Eligible Domestic Relations Orders (ERDOs): QDROs and EDROs are special court orders required to divide most retirement plans without incurring tax penalties. Our team is experienced in drafting and executing these complex legal documents to ensure the division is handled correctly and in compliance with federal and state law.
  • Market Implications: Dividing stocks during a divorce can be complicated by fluctuating market values and timing considerations. Our lawyers help you make decisions about asset valuation and liquidation, approaching the division fairly and efficiently while preserving as much value as possible for both parties.

Protecting Your Financial Future During Divorce

The legal professionals at Iafrate & Salassa, P.C. are committed to safeguarding your financial well-being. We start by conducting a thorough analysis of all retirement and investment accounts to ensure a full and accurate disclosure of assets. From there, we explain all relevant legal and financial concepts to empower you to make responsible, informed choices.

Whether at the negotiating table or in court, we advocate fiercely for a fair and equitable settlement that aligns with your long-term goals. We are by your side through every step, offering the guidance needed to protect what you have worked so hard to build.

Speak with a Qualified Property Division Lawyer About Dividing Your Financial Accounts

With over 50 years of combined experience, the legal team at Iafrate & Salassa, P.C. has helped numerous clients in the greater Metro Detroit area with the division of property, including complex financial accounts. Our in-depth knowledge of Michigan divorce law allows us to protect your rights as we pursue the best possible outcome for your situation. Contact our office today to schedule a consultation and discuss the future of your financial accounts.

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