This edition explains in an accessible fashion one of the most technical and pitfall-strewn areas of family law practice. It looks at the law and procedure relating to the redistribution of pension rights on divorce, covering the different types of pensions, the powers and procedures of the court, the acturaial issues involved, and how to deal with the many different situations that can arise.
Divorce does not have to be a bitter ordeal-and no one knows this better than BJ Mann, a leading divorce mediator in Upstate New York. In A Better, Not Bitter Divorce: The Fair and Affordable Way to End Your Marriage, BJ brings you the wealth of information she has put to use in her work with thousands of divorcing couples.
Value of Pensions in Divorce, Fourth Edition, provides guidelines for financial advisors, divorce attorneys, and pension actuaries through every stage of the pension valuation process - from preliminary client interview to review of pension valuation reports, drafting of qualified domestic relations orders (QDROs), and cross-examination of expert witnesses. Mathematics are kept to a minimum, and legal principles and concepts of pension valuation are translated into plain English and illustrated with examples, sample court orders, and pension documents. The revised and expanded Fourth Edition includes detailed explanations and examples, as well as updates on standard topics. It introduces new approaches and new concepts relevant to everyday practice. It also offers practical applications of the values, allocations, and settlements of pensions in marital dissolutions. Included in this Fourth Edition are: Statutory case law and references where appropriate The "why" and "how" of pensions of all kinds Detailed actuarial valuations of pensions Sample QDROs An extensive Glossary And more! Value of Pensions in Divorce is intended to explain and illustrate complicated subjects in plain English for a wide audience. The concepts, methods, procedures and details apply in all 50 states, over all kinds and types of retirement programs. The many examples bring to life the vast array of approaches and assumptions for the valuation and treatment of all pensions, profit sharing, 401(k) plans, IRAs, governmental and union plans. While laws of statute and cases change over time, actuarial methodologies remain consistently rational and reasonable whether benefits are considered community property and/or subject to equitable distribution or any other formulated allocation. Value of Pensions in Divorce will provide the answers and straightforward guidance through the complex area of the important subjects covered.
The book discusses existing legal regulations and rules in various states relating to the enforcement of premarital or postnuptial agreements regarding the parties' rights if they divorce.
Walk Away From Divorce with Financial Security Family lawyer Gayle Rosenwald Smith has designed this thoroughly researched, practical, and easy-to-read guide to help the reader through difficult, emotional, and often overwhelming divorce processes. She comprehensively explains the financial issues that can impact divorce and, most importantly, tells the reader what they can do to better understand their situation and how to take proper action. Included are effective tools and strategies to: Choose the best lawyers, financial advisors, and more Track assets with checklists and charts Evaluate and understand stock options and other "perks" Prepare a budget and expense sheets Value business, pension plans, and retirement funds-401(k)s, IRAs, and more Understand the importance of insurance in divorce Determine the best course of action for the family home and other property Get a good property settlement agreement Ensure your future financial security and economic well being
Value of Pensions in Divorce, Fifth Edition provides guidelines for financial advisors, divorce attorneys, and pension actuaries through every stage of the pension valuation process - from preliminary client interview to review of pension valuation reports, drafting of qualified domestic relations orders (QDROs), and cross-examination of expert witnesses. Mathematics are kept to a minimum, and legal principles and concepts of pension valuation are translated into plain English and illustrated with examples, sample court orders, and pension documents. Value of Pensions in Divorce includes detailed explanations and examples, as well as updates on standard topics. It introduces new approaches and new concepts relevant to everyday practice. It also offers practical applications of the values, allocations, and settlements of pensions in marital dissolutions. Features include: Statutory case law and references where appropriate The andquot;whyandquot; and andquot;howandquot; of pensions of all kinds Detailed actuarial valuations of pensions Sample QDROs An extensive Glossary And more!
This new and comprehensive book will give you exactly what you need to understand and comply with the law. It provides an overview of the provisions for the new Bankruptcy Reform Act including new sanctions provisions in Chapter 7 cases; regulation of attorneys as debt relief agencies; heightened requirements for reaffirmation agreements.
Distilled from years of Fortune 500 consulting practice, Shulman's administrative tools and techniques in Qualified Domestic Relations Order Handbook help plan administrators streamline the entire QDRO review and compliance process, while cutting the risk of errors, penalties, and litigation. They include model policies and procedures, review checklists, staff training cases, and more. Contains new models and guidelines for drafting airtight QDROs that speed approval, maximize your clients' rights, and steer you through the malpractice minefields of ERISA and the IRC. Author Gary Shulman begins with QDRO basics, then dissects the key elements of defined contribution and defined benefits plans. He walks you through the preparation of QDROs for different plans and conditions -- using tested models and sample language. An entire chapter highlights 17 crucial malpractice traps, followed by checklists, attorney Q&A, and tips on working proactively with plan administrators.
