Retirement, Federal Pensions And Divorce

Even if you are not of retirement age, it is important to think about what will happen to your retirement benefits if you divorce. The property division process can take more money than necessary from your military retirement, federal pension, 401(k), IRA and other retirement assets and survivors benefits if you do not have the right legal representation.

At Russell W. Ray, PLLC, our lawyers have worked with federal employees in Fairfax County and across Northern Virginia who need the kind of legal advice that we are well-equipped to provide.

We Have Experience Determining The Marital And Non-Marital Portions Of Retirement Benefits

One of the most difficult aspects of any marital property division is determining what portion of your retirement benefits belong to your spouse and what can be considered "non-marital." Figuring this out is a process that we refer to as "tracing."

For example, if you were in the military for seven years before getting married, married for 13 years and then continued to serve until retirement, your spouse will likely be entitled to a portion of your pension benefits. This also goes for an IRA that received non-marital and marital contributions.

Our lawyers will work with qualified accountants to research years of financial statements to figure out what portion of your benefits can be termed a "marital asset." This is complex work, and you should put your trust in attorneys who have a proven track record of success representing their clients in these matters.

This Is Not A One-Size-Fits-All Subject. Get The Right Legal Representation.

Contact our law firm at 703-552-4028 to schedule a free consultation and get the right legal advice about what could happen to your pension and retirement benefits if you file for divorce. We will draw on our more than 25 years of family law experience and our work with financial experts to give you the guidance and representation you need.