Le Tip of Parsipany New Jersey-A business networking group

Samantha Hirtler, Esq. – Family Law

Samantha E. Hirtler, Esq.
Helfand & Associates
575 Route 10 East, Suite 1
Whippany, New Jersey 07981
(Phone) 973-428-0800; (Fax) 973-428-0830

This morning, Samantha shared with us how the courts handle the distribution of retirement assets during divorce proceedings. 


All or a portion of a spouse’s retirement assets are commonly distributed as part of a divorce.

As part of the divorce settlement, the parties will agree on either a percentage or dollar amount to be distributed.  In order to implement the distribution, a Qualified Domestic Relations Order (“QDRO”) will be prepared for the judge to sign.

The QDRO will state the portion of the account to be distributed and it will direct the financial institution managing the account – the “plan administrator” — to disperse that portion to the nonparticipant spouse in accordance with the plan terms.  There is no tax penalty for this distribution.

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