Category Archives: Marital Property
QDROs: 401k? 403b? 457b? What’s the Difference?
It’s time to get a QDRO drafted. But, there are many different types of retirement accounts: 401k, Roth 401k, 401a, 403b, 457b, IRAs and more. All these numbers and letters can begin to blur. What’s the difference between them? Let’s begin with how they are similar. First, they are all forms of deferred income,… Read More »
How long does it take for a QDRO to be completed?
Divorcing couples are often faced with having a QDRO drafted. One of the first questions they ask is “How long will this take?” For many, it seems that a QDRO should be similar to a transaction at a bank, like moving money from one account to another account. It would seem that it would… Read More »
Top 5 Methods (with Agreement Language) to Divide Your Furniture and Furnishings When Separating/Divorcing
It is always the best practice to be more specific as opposed to less specific when drafting the terms and provisions of a Separation Agreement or Marital Settlement Agreement. While it may seem like “overkill” at the time, it is always advisable to have clear and carefully drafted language to fall back on in… Read More »
QDROs: Shared vs. Separate?
One question you may hear when preparing to divide a retirement plan is “shared or separate interest?” What does that mean? It’s an important decision and one worth understanding. To begin with, here’s an example: Suppose Ms. Smith is a long-time employee of the Jones Company and is a fully vested participant in the… Read More »
Do’s and Don’ts When Appearing in Court
Fortunately, most family law matters are resolved prior to having a judge decide the issues at a merits hearing. However, many times a resolution occurs after there have been motions hearing, temporary hearings, or other court appearances, and, of course, some matters proceed all the way to trial. If you find yourself in a… Read More »
Human Lawyer vs. Chat GPT: is it advisable to use Artificial Intelligence (AI) to draft a Marital Settlement Agreement?
As an experiment, the following was typed into Chat GPT: Maryland Contract Alimony $5,000 per month for 5 years. Chat GPT provided the following language: ALIMONY PROVISION Husband, agrees to pay Wife, the sum of $5,000 per month as spousal support (alimony) for a period of 5 years, commencing on [Start Date]. The payments… Read More »
What does “half” mean when it comes to QDROs?
There’s a famous intelligence test that is sometimes used in job interviews. You hand the candidate a piece of paper and ask them to divide it in half. Some candidates will grab the paper and rip into two parts. Other candidates will fold the paper carefully and attempt to get close to a clean… Read More »
You’re Getting Divorced – But Who Keeps the Engagement Ring?
One of the most commonly asked questions we get when parties are getting divorced is, who gets to keep the engagement ring? The answer is “it depends”. There are many factors that can change the answer such as when the ring was given, under what circumstances, and how it was paid for. However, generally… Read More »
PRENUP UPHELD! Kelly Clarkson Protects 45 Million in Assets – But Did She Have to Worry About Her Premarital Property?
Back in December, we discussed Clarkson’s divorce in the context of soon-to-be ex-husband Brandon Blackstock’s request for $436,000 per month in support, which was contrary to the parties’ Prenuptial Agreement (Prenup). In late July, the Court ordered Clarkson to pay Blackstock $150,000 per month in temporary spousal support (alimony) and $45,000 per month in… Read More »
