For more than 35 years, the Colorado attorneys at the The Law Offices of Rodger C. Daley and Associates have helped families navigate complex matters such as divorce and criminal defense. Our lawyers invest time, energy and resources in order to secure favorable outcomes for our clients. To schedule an appointment, call our office in Denver at 720-773-5708 or fill out the form below.

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Vital factors to address regarding retirement assets in divorce

After spending years or even decades planning and saving for retirement, you might not want to let anything stand in the way of your goals for the golden years of life. However, there are certain changes in life that might leave you wondering if there is anything you can do to keep retirement plans on track.

If you face the end of your marriage, your retirement assets could play a vital role during negotiations, as the funds within may consist of a significant portion of your wealth. Knowing some integral factors to address regarding these assets could place you in a better position to make informed choices about your future.

Retirement assets

Dividing retirement assets during a divorce can be somewhat complex in nature, and there may be some unique topics to consider prior to choosing a path. Some examples of factors to address could include:

  • Type of account: Common types of retirement accounts may include 401(k)s, pensions, and IRAs, and the rules on how to divide retirement assets without incurring penalties may depend on the type of asset involved.
  • Tax ramifications: Dividing accounts in accordance with the divorce decree and obtaining the necessary documents, such as a Qualified Domestic Relations Order, could prove integral to staving off dire tax repercussions.
  • Withdrawing funds: When dividing retirement accounts, there may also be tax fees and early withdrawal penalties associated with withdrawing funds instead of transferring them into a similar type of account.
  • True value: It can also be somewhat difficult to know the true value of retirement assets, especially with accounts such as pensions, as the value of such assets can fluctuate over time.

Gaining a better understanding of Colorado state divorce laws and how these might apply to your situation could also be integral to preparing for the next steps.

Protecting your future

While safeguarding your plans for retirement during the end of your marriage may be essential, it could also prove challenging at times. With a great deal at stake, it could be in your best interests to seek advice on every essential topic to address and on all your available options prior to forming a strategy for subsequent negotiations. This could help provide you with much needed insight on how best to prepare to safeguard your future interests during divorce proceedings and approach the golden years of your life with serenity.

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