Division of Retirement Benefits in Divorce in GA

Division of retirement benefits in divorce in GA may be an important issue if one or both spouses have retirement benefits. Retirement benefits in Divorce in GA could include 401(k), IRA, and pension.

Marital portion of retirement benefits may be subject to an equitable division in a divorce. On the other hand, social security benefits are not subject to equitable division in divorce in GA.  

Can my wife or husband get my retirement benefits if we divorce?

Your spouse could get some of your retirement benefits in a divorce, if there is no valid prenuptial agreement preventing this.

Generally, retirement benefits accrued after the date of marriage would be marital property. On the other hand, retirement benefits accrued before the date of marriage would be separate property. Only the marital portion of the retirement benefits would be divided. Division of retirement benefits is just like division of other marital property—they are subject to equitable division.

How long do you have to be married to get half of retirement benefits in Divorce in GA?

You do not have to be married for a specific number of years to get some of your spouse’s retirement benefits in Georgia. In other words, you may be awarded a portion of your spouse’s retirement benefits in Georgia even if you were married for only one year. This is because the marital portion of any retirement benefits would be subject to an equitable division.

How do I split my 401K in a divorce in Georgia?

There are many ways to split your 401(k) in a divorce in GA. For example, some folks address this issue in their prenuptial agreement. If there is no prenuptial agreement, the spouses could resolve this issue via negotiations or a trial.

In order to split a 401(k) in a divorce in GA, you generally need a Qualified Domestic Relations Order (“QDRO”). A QDRO is a separate order from a Final Judgment and Decree of Divorce that specifically addresses the division of a specific 401(k) account. The QDRO has to be approved by the plan administrator and filed with the court.

To discuss dividing retirement benefits in divorce in GA, contact Atlanta Divorce Lawyer today.

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