Retirement accounts often represent the most significant portion of the marital estate for couples who divorce later in life. Conflicts arise in divorce when one spouse lays claim to retirement assets that the other worked so hard to accumulate.
The experienced lawyers of Kvale Antonelli & Raj negotiate and litigate property division in divorce, including the equitable distribution of pensions and retirement savings. We can determine the total value of your respective nest eggs and how those assets would be divided under Ohio law.
We serve Cuyahoga County and surrounding counties of Northeast Ohio, with offices in Cleveland.
Retirement accounts are considered marital property if those assets were accumulated during the marriage. Regardless of who earned more or contributed through paycheck deductions, the law sees one pot of money to be divided equally. However, if one spouse had a pension or 401(k) before marriage, the premarital portion is considered separate property.
Rather than cashing out retirement accounts at divorce, future distributions are projected and divided under a qualified domestic relations order (QDRO). Each spouse is assigned a percentage share in the QDRO. That portion can, in turn, be used for trade-offs or buyouts in the overall property settlement.
Depending on the complexity, our attorneys create QDROs themselves or outsource them to other professionals. Either way, we are committed to preserving your hard-earned wealth or securing your fair share without sacrificing your dignity or your financial interests.
Arrange a consultation with our Cleveland attorneys by calling our office or contacting us online.
To schedule a consultation with one of our Cleveland family law attorneys,
call 216-861-2222 or complete our online form.