There are some benefits that are notoriously difficult to divide in divorce. Military benefits commonly cause numerous challenges, and complex IRAs for executives also pose challenges.
However, many people don't realize it, but teacher retirement benefits are among the most difficult to divide. It is important for teachers and their spouses to be aware of the problems and the potential solutions.
Challenges to Dividing Teacher Retirement Benefits
Unlike many other retirement benefits, the retirement benefits afforded to teachers are not divisible by law. These benefits can be divided in divorce and separation, but the state won't get involved in the process. This means that extra attention and strategy needs to be placed on the division of teacher retirement assets.
What Can You Do?
For teachers who are facing divorce, and for their spouses, there are a few simple options for dividing teacher retirement assets:
- Use alternative methods for determining the division of retirement assets: Teacher retirement assets can be divided by couples through mediation and other negotiated solutions. These negotiated solutions avoid the traditional court process and allow the divorcing spouses to determine an appropriate means of asset division.
- Offset teacher retirement assets with other assets: By using other assets that have similar value, it often turns out to be simple to offset these assets and come to a mutually acceptable asset division arrangement.
For an experienced, knowledgeable attorney, there are multiple solutions for the problem of dividing teacher retirement assets. Whether you are a teacher or a spouse of a teacher, it is important to work with a legal team that has experience in dividing teacher retirement assets and can protect your interests.
There is a lot at stake in these cases, so make sure you protect your financial interests.