Skip to main content
(866) 465-5395 Schedule a Consultation (866) 465-5395 Schedule a Consultation

Can We Keep Our Own Retirement Accounts?

| |

retirement accounts during divorce

When you’re working out the terms of your divorce, it may seem like everything in your life has to be divided. Splitting up retirement plans has its own slew of complexities, including adhering to federal guidelines and taking on possible tax-related consequences.

You and your soon-to-be-ex can save yourselves a big headache if you can agree to keep your retirement accounts intact.

Just like any other marital property, retirement plans are subject to division through what is known as equitable distribution. Spouses who established a pension, 401(k) plan, or other retirement account during the marriage must share those assets during the divorce. However, you can keep these accounts intact if you trade other assets or come to an agreement to leave them be. To make it official, you can outline those terms in the separation agreement.

When You Can’t Agree

If you and your spouse do not agree to keep your own retirement accounts, it’s critical to employ the appropriate process to transfer these assets to avoid an immediate tax penalty.

Governed by the Employee Retirement Income Security Act, retirement plans are divided during divorce using a court order called a Qualified Domestic Relations Order (QDRO). A QDRO allows money to be transferred to an ex-spouse’s account without immediate tax consequences and without early-withdrawal penalties.

Petrelli Previtera, LLC has a unique network of highly qualified specialists to provide you with the input you need to make the best decisions possible. We can work closely with certified public accountants who are familiar all divorce law affecting your financial situation. Certified financial planners and retirement evaluators will be able to examine your retirement assets and help you agree on terms that make the most sense.

If you have questions about dividing your retirement or investment accounts during divorce, feel free to contact Petrelli Previtera, LLC at 866-465-5395.

Client Testimonials

Here's what our clients have to say about working with us. Please note, results may vary based on individual circumstances.

Melinda Previtera, Esq. came highly recommended to our family. Her knowledge base, professionalism, and compassion paved the way for a successful outcome. Melinda is efficient, detailed, and informative. She helps manage expectations, and postures her client for a fair and equitable result. We are happy to recommend Melinda!

Jennifer A.

My experience was very good. Everyone was professional and attentive to my needs, keeping me updated every step of the way. I couldn’t ask for a better result, highly recommended.

David R.

My marriage life has been a hell for me for the past four years until I decided to put an end to what has to be ended. Choosing a lawyer was another additional stressful part of the long process. I’m so glad that I’ve found the right one for me at Petrelli Previtera. Life isn’t always fair, but at least having her in my corner, felt even better. I couldn’t recommend her highly enough!

Caitlin B.

Serving Clients at the Following Locations

Bethesda4800 Hampden Lane, Suite 200 Bethesda MD 20814(301) 234-7409view details
Maryland5425 Wisconsin Ave Chevy Chase, MD 20815(301) 889-8085view details
ChicagoTwo Prudential Plaza 180 North Stetson Suite 3500 Chicago, IL 60601(312) 252-2085view details
Schaumburg1750 E. Golf Rd, Suite 382 Schaumburg, IL 60173(630) 491-9670view details
Texas500 W 2nd St Suite 1900 Austin, TX 78701(512) 883-1684view details
Washington DC1717 K Street NW, Suite 900 Washington DC 20006(202) 519-0366view details
Denver7900 E. Union Ave. Suite 1100, Denver, CO 80237(720) 821-6440view details
Princeton475 Wall St, Suite 214, Princeton, NJ 08540 Meeting Location: By Appointment Only (609) 917 9560 view details
Linwood210 New Road #15 Linwood, NJ 08221 Meeting Location: By Appointment Only (609) 375-0351 view details
Parsippany8 Campus Dr, Parsippany, NJ 07054 Meeting Location: By Appointment Only (973) 310-5320 view details
Philadelphia1845 Walnut Street 19th Floor Philadelphia, PA 19103(215) 523-6900view details
Norristown516 DeKalb Street Suite C Norristown, PA 19401(610) 924-2870view details
Doylestown123 N Broad Street, Doylestown, PA 18901(267) 938-4480view details
Abington1147 Easton Road, Abington PA 19001(610) 890-4833view details
West Chester203 W. Chestnut St., Suite 204
West Chester, PA. 19380
(610) 431-4012view details
schedule a consultation Today
Contact Us Fill out the form or call us today (866) 465-5395