Contact Us for a Free Consultation 781.279.1822

Matthew T. Desrochers-Blog

Protecting Retirement Accounts in a Divorce-Massachusetts

Posted by Matthew T. Desrochers | Feb 04, 2023 | 0 Comments

Divorce is a difficult process, and it can be even more complicated when you have to divide retirement accounts. In Massachusetts, pension assets that are in the plan during the marriage are considered joint or marital property, so the court will need to decide how to divide them. This can be a complex process, but there are steps you can take to protect your retirement savings in a divorce.

The first step is to understand what type of retirement account you have. There are two main types of retirement accounts: qualified and non-qualified. Qualified accounts include 401(k)s, 403(b)s, IRAs, and other employer-sponsored plans. Non-qualified accounts include annuities and life insurance policies with cash value. It's important to understand which type of account you have so that you know how it will be divided in the divorce settlement.

If you have a qualified account like a 401(k), it's important to understand how it will be divided in the divorce settlement. Generally speaking, these types of accounts are divided according to the state's equitable distribution laws. This means that each spouse gets an equal share of the funds in the account based on their contributions during the marriage. However, if one spouse has made significantly larger contributions than the other during the marriage, they may receive a larger portion of the funds in the account.

It's also important to consider taxes when dividing up retirement accounts in a divorce settlement. If you withdraw money from your 401(k) before age 59 ½ , there may be tax penalties associated with it. You should consult with an experienced financial advisor or accountant before making any decisions about withdrawing funds from your retirement accounts during a divorce settlement.

Another option for protecting your retirement savings is creating a prenuptial agreement before getting married. A prenuptial agreement is an agreement between two people who plan on getting married that outlines how their assets will be divided if they get divorced later on down the line. This can help protect both parties' financial interests and ensure that each person receives their fair share of any assets acquired during their marriage if they do decide to get divorced later on down the line.

Finally, it's important to stay organized throughout this process and keep track of all documents related to your retirement accounts such as statements and tax forms from previous years. This will make it easier for both parties involved in the divorce settlement to determine how much each person contributed into their respective accounts over time and make sure that everyone gets their fair share when dividing up these assets at the end of their marriage.

Divorcing couples should always consult with an experienced financial advisor or attorney before making any decisions about dividing up their retirement savings during a divorce settlement in Massachusetts or any other state for that matter. By taking these steps ahead of time, couples can ensure that they receive their fair share of any assets acquired during their marriage while also protecting themselves financially for years down the road after they part ways legally as well as emotionally from one another following their divorce proceedings being finalized by court order or otherwise mutually agreed upon by both parties involved without court intervention being necessary at all times as well as circumstances permitting such an outcome being possible too!

About the Author

Matthew T. Desrochers

Mr. Desrochers is the managing attorney at the office that was founded in 1999.  Matthew helps homeowners avoid foreclosure and get out of debt.  This work consist of Loan Modification, Short Sales, Chapter 13 and Chapter 7 bankrcupty cases, including mortgage settlement and IRS Offers in Comprom...


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment