The attorneys as Rossway Swan have extensive knowledge of the relevant law and regulations governing retirement plan divisions in divorce. Most retirement plans are subject to The Employee Retirement Income Security Act of 1974 (“ERISA”), which provides that only a qualified domestic relations order (“QDRO”) (pronounced “qua-dro”), can assign a benefit to a spouse or former spouse.
Millions of Americans are covered by ERISA under pension plans or 401(k) plans; however, military, civil service and state and local sponsored employee benefits plans are also subject to division under applicable formative law and the vast majority of these plans require an order to divide the marital portion. Pension rights are usually a divorcing couple’s largest or second-largest asset and they should have an attorney experienced in ERISA law, government plans and benefit order preparation representing them.
Contact our office to schedule a consultation with one of our attorneys to determine whether a QDRO or other benefits order is required in your case.
With three offices along Florida’s Atlantic coast, Rossway Swan serves clients throughout the Treasure Coast and Space Coast regions. To speak with one of our attorneys about your needs for a Qualified Domestic Relations Order, please call (772) 231-4440 or request a consultation online today.