The Siemon Law Firm
Honest Answers.
View Practice Areas

Divorce property considerations: retirement, other savings

In Georgia as elsewhere, the focus for divorcing spouses -- especially older spouses -- is often upon money.

Put another way: For obvious reasons, a central consideration in many divorce negotiations is upon identifying all asset sources in a marriage, properly valuing them and then allocating them between the divorcing parties in the manner provided by governing law.

Georgia law mandates an equitable distribution of property, provided that assets under consideration are deemed marital as opposed to separate property. That distinction turns on whether the assets were accumulated prior to or during a marriage. A proven Georgia divorce attorney with experience handling property division matters can help ensure accurate asset identification, valuation and distribution.

As a recent New York Times article notes, retirement assets can be of central importance in a divorce, with many separating couples not fully understanding how they are legally classified or susceptible of division in a divorce decree.

Again, a family law attorney well versed in property distribution considerations can help a client fully appreciate how retirement plans and other sheltered assets will be judicially construed in a marital dissolution.

Candidly, there is often a lot to be considered, with the first step being an accurate inventory of what accounts exist. In many marriages, one spouse might have one or more pensions that will be legally deemed as marital property and subject to division. Additionally, many people of course have defined-contribution plans such as 401(k) vehicles, which are also immediately important in a divorce. Stock options and other accounts might also come into play.

Whatever side of the negotiating table you are on, getting equitable treatment is obviously a core concern. As one commentator in the Times article notes, that objective can be promoted by “having a really good attorney and fighting for your fair share.”

Source: The New York Times, "Retirement plans thrown into disarray by a divorce," Constance Gustke, June 27, 2014

No Comments

Leave a comment
Comment Information
Contact our Georgia Family Law Firm by calling 866-497-5134 or by completing this contact form. An attorney will respond within 24 business hours.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

The Siemon Law Firm
347 Dahlonega Street, Building 100
Cumming, GA 30040
Phone: 770-888-5120
Fax: 770-521-4317
Cumming Law Office Map

The Siemon Law Firm
4555 Mansell Road, Suite 300
Alpharetta, GA 30022
Phone: 770-521-4316
Fax: 770-521-4317
Alpharetta Law Office Map

The Siemon Law Firm
3400 Peachtree Rd NE, Suite 555
Atlanta, GA 30326
Phone: 770-888-5078
Fax: 770-521-4317
Atlanta Law Office Map