How To Divide Retirement Benefits In Divorce

Because of the complexities and vagaries involved with dividing retirement benefits in divorce, there is significant variation in what you might expect in your divorce. Compounding interests, the timing of accruals and other complex considerations need to be accounted for, or you could stand to lose significant assets. It is critical to work with a legal team with lawyers who have experience handling complex asset division matters of this kind.

At Cantafio Hammond, our Denver office proudly serves clients in all types of asset division matters, including complex division of retirement benefits. We take a personalized approach that recognizes the individual challenges and needs of each client, combined with a commitment to creative, efficient solutions for our clients. When you work with the attorneys of Cantafio Hammond, you get the benefit of our mountain values and urban savvy.

The Complexities Of Dividing Retirement Plans In Colorado

The division of IRAs, 401(k)s, pensions and other retirement and investment plans involves three main considerations, each with its own unique complications:

  • Characterization: The courts only divide marital assets in divorce. When a retirement plan was already started before a couple is married, it becomes necessary to go back and determine the value at the time of the marriage and separate that from the marital property to be divided in the divorce. Determining how much of a retirement benefit is marital and how much is separate becomes a key determination.
  • Valuation: The value of a retirement plan changes with some regularity, adding complications in determining how much a retirement plan is worth.
  • Division: Once a retirement plan is characterized and valued, we will work out a plan for dividing what will be favorable to you and equitable in the eyes of the court, either through mediation, collaborative divorce or litigation.

Our No. 1 priority is to protect your interests in divorce and retirement plan division.

Contact Cantafio Hammond

For help with division of retirement benefits in divorce, call us at 720-515-5947 (Denver) or 970-367-4373 (Steamboat Springs) or email us.