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Court decision spotlights transferred retirement accounts in divorce

Divorce commentators commonly stress that marital splits often have some commonality regarding their core issues, but that there is no such thing as a “typical” divorce. The divorce process poses unique challenges and opportunities for every separating couple in New Jersey and nationally.

We keenly appreciate that at The Law Office of Rajeh A. Saadeh in Somerville. Our deep legal team knows that the legions of diverse and valued divorce clients we have diligently represented over the years come to us with singular concerns. We note on our website that individuals seeking our family law guidance can rest assured that our approach to their important matters “begins with an honest and straightforward analysis” of what is fundamentally at stake.

Understandably, that sometimes involves the accurate identification, valuation and fair distribution of assets that a couple has accumulated during their marriage.

Of course, child-centric matters (for example, custody/time sharing and support outcomes) are critically important when they feature in a divorce, but so too are money considerations. Married partners typically worked long and hard to realize some appreciable degree of wealth. Each divorcing spouse logically wants to ensure that marital assets are properly noted and divided in a divorce decree. Equitable asset distribution is a key given for any divorcing party who seeks to embrace the future with a sense of reasoned hope and opportunity.

A recent federal court appellate ruling prominently spotlights one often important element that features concerning divorce asset distribution. What an in-depth Investment News article terms “a really big case” involves the treatment of retirement assets that are transferred from one divorcing spouse to the other. The ruling focuses specifically on the continued protection (or lack thereof in some instances) of transferred 401(k) and IRA accounts.

We believe that the subject matter might reasonably be of direct interest to many of our readers, and we will thus delve into its details and bottom line in our next blog post.



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