Dividing Retirement Accounts And Similar Assets

For many individuals — especially for those in later-life marriages or who are approaching retirement age — fairly dividing the value of retirement accounts is critical during divorce. Likewise, the division of pensions, investment accounts and other assets can be a significant issue to consider.

At Burger & Green, LLP, we have decades of experience in complex family law matters, including property division in all its forms. Our New York City lawyers are highly knowledgeable about state and federal laws governing the equitable distribution of:

  • 401(k)s and 403(b)s
  • IRAs and Roth IRAs
  • Profit-sharing plans
  • Military or government pensions
  • Health savings account (HSA)
  • Simplified Employee Pensions (SEP)
  • Savings Incentive Match Plans for Employees (SIMPLE)
  • Salary Reduction Simplified Employee Pension (SARSEP)

Your Spouse May Or May Not Be Entitled To A Share

In New York, the value of retirement accounts prior to the marriage is typically considered separate property. However, the value of the accounts after marriage may be subject to division between the spouses, depending on the circumstances. Let our lawyers provide the professional advice you require to defend your interests and retirement plans.

Questions About Investment Accounts And Pensions

When it comes to dividing the value of investment accounts and pensions during divorce, Burger & Green, LLP, will look at a wide array of issues. Here are just a few of the important questions we may address during the process:

  • Did both spouses contribute to the investment accounts?
  • Were such contributions tangible or intangible?
  • Do the investments involve deferred compensation or profit-sharing plans?
  • What is the fair market value, history of earnings and appreciation rate?
  • Are the stock options vested or nonvested?
  • Is there a prenuptial agreement in place that may affect the division of such assets?

Learn more about dividing assets during divorce in New York. Call our Manhattan attorneys at 212-235-1786 or contact us by email today.