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Retirement Division in a High Asset Divorce

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It’s important to consult with a qualified attorney to get advice tailored to your specific situation. That being said, I can provide some general information about navigating the division of retirement assets during a high-asset divorce in Missouri.

  • Identify and Value Retirement Assets:
    • Make a comprehensive list of all retirement assets, including pensions, 401(k)s, IRAs, and any other accounts.
    • Obtain current statements and determine the present value of each asset.
  • Understand Missouri’s Property Division Laws:
    • Missouri is an equitable distribution state, meaning that marital property is divided equitably, though not necessarily equally.
    • Courts consider various factors when determining the division of property, including the financial contributions of each spouse, the length of the marriage, and each party’s economic circumstances.
  • Types of Retirement Plans:
    • Different retirement plans have different rules for division. For example, dividing a pension may involve a Qualified Domestic Relations Order (QDRO).
    • Understanding the tax implications of dividing different types of retirement assets is crucial.
  • Qualified Domestic Relations Order (QDRO):
    • If dividing a qualified retirement plan, such as a 401(k) or pension, a QDRO is often required. This court order outlines how the plan will be divided between the spouses.
  • Spousal Maintenance (Alimony):
    • In some cases, one spouse may be awarded spousal maintenance (alimony). This can impact the overall financial arrangement, including how retirement assets are divided.
  • Hire a Qualified Attorney:
    • Given the complexities involved in high-asset divorces and the division of retirement assets, it is essential to consult with an experienced family law attorney who is familiar with Missouri’s laws.
  • Negotiation and Settlement:
    • Often, divorcing couples can reach agreements through negotiation or mediation rather than going to court. This can allow for more flexibility in crafting a settlement that works for both parties.
  • Tax Implications:
    • Consider the tax consequences of the division of retirement assets. Some assets may have tax implications upon withdrawal or transfer.
  • Financial Professionals:
    • Consult with financial professionals, such as a certified divorce financial analyst (CDFA), to help understand the long-term financial implications of various settlement options.

Remember that divorce laws can change, and specific details of your case may warrant different advice. It’s crucial to consult with a family law attorney in Missouri to get advice tailored to your specific circumstances.

At Raza Family Law Solutions, we practice family law effectively guiding clients through prenuptial and post nuptial agreements, dissolution of marriage, modifications of prior judgments, and resolving child custody disputes. We also help families take a different approach to divorce with mediation and collaborative work.  Contact us for a consultation at (314) 314-5505.

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