Retirement Funds in Divorce and Property Division

For many couples, the retirement "nest egg" is the largest asset in divorce. Retirement savings do not simply go to the working spouse who steadily contributed paycheck deductions over the years, but the funds are not necessary split 50-50 either.

The experienced lawyers of Edwards & Associates can unravel the intertwined finances of retirement assets in divorce and the division of marital property. We regularly handle retirement funds in high-asset and high-profile divorces, as well as the special issue of pensions in military divorce.

Dividing Retirement Assets Under Georgia Law

Georgia is not a community property state, but does require an equitable distribution of marital assets. When there is income disparity, the court might award a greater share of retirement assets to the lesser earning spouse. Retirement savings can also be a bargaining chip in the property settlement, traded for other assets or substituted in lieu of alimony.

One issue is the proportion of retirement funds that must be shared. If a spouse earned a pension for 15 years before getting married, that is considered separate property, but the increase in value during the marriage is subject to asset division. Likewise, if a breadwinner spouse contributed to a 401(k) for 20 years during marriage, the other spouse is entitled to half or an equitable percentage.

A Qualified Domestic Relations Order (QDRO) allows for retirement assets to be split without tax consequences. In other words, you do not have to "cash in" those savings at divorce. We can bring in experts to project the future value of a given retirement asset (pension, 401(k), IRA, stock option, etc.) to ensure you get your fair share in the QDRO.

The Background to Handle Complex Property Division

The attorneys of Edwards & Associates are known for their work handling complex and high-conflict difficult divorce cases. We regularly represent business owners and executives, professionals, politicians and celebrities, and we offer creative solutions and knowledgeable advocacy regarding their retirement portfolios.

We handle divorce and family law throughout the Greater Atlanta area, with offices in Atlanta (Buckhead), Lawrenceville and Alpharetta. Call 404-381-1156 or contact us online to arrange a confidential consultation.