Protecting your future through fair division of retirement assets
Retirement accounts often represent one of a marriage’s largest assets. Dividing these accounts during divorce requires precision and legal compliance. A Qualified Domestic Relations Order (QDRO) ensures retirement benefits are divided fairly and according to federal law.
At Burton Family Law, we guide clients through this complex process with the experience and care needed to protect long-term financial security.
We start by reviewing your retirement assets, including pensions, 401(k)s, and other qualified plans.
Our attorneys then draft and submit the necessary QDRO documents, ensuring accuracy and compliance with both Utah law and federal regulations. We coordinate with plan administrators and keep you informed so you understand each step of the process.
The division of retirement accounts is not automatic in a divorce decree. It requires a separate QDRO.
Our team explains how your benefits will be calculated and divided, provides realistic expectations, and advocates for a fair outcome. You can expect clear communication and careful attention to detail to protect your retirement.
Establishing paternity gives a child legal rights to support and ensures both parents have clear responsibilities. It also protects a father’s right to seek custody or parent time.
Sole legal custody means one parent has the authority to make major decisions about the child’s upbringing. This includes choices about education, healthcare, and religion. The other parent may still have parent time, but decision-making rests with one parent.
Joint legal custody allows both parents to share responsibility for important decisions in the child’s life. This arrangement encourages cooperation and ensures both parents remain actively involved in guiding the child’s future.
With sole physical custody, the child primarily lives with one parent. The other parent may receive scheduled parent time, but the child’s main residence is with the custodial parent.
Joint physical custody means the child spends significant time living with both parents. This arrangement seeks to balance time and involvement, allowing the child to maintain strong relationships with each parent.
QDRO cases typically follow this path:
We review your retirement assets and division options.
We prepare the legal document tailored to your specific retirement plan.
The QDRO is submitted to the court for review and approval.
The final step ensures the retirement plan accepts and implements the order.
The timeline varies, depending on the complexity of your assets and the plan administrator’s process. Our goal is to keep things moving smoothly and efficiently.
A Qualified Domestic Relations Order is a legal order required to divide certain retirement accounts after divorce.
Without a QDRO, retirement funds may not be divided correctly, even if your divorce decree calls for it.
No. QDROs apply to qualified plans such as pensions and 401(k)s. Other accounts, like IRAs, follow different rules.
A properly executed QDRO allows retirement benefits to be transferred without early withdrawal penalties. Taxes apply when funds are distributed in the future.
At Burton Family Attorneys, we ensure your retirement assets are handled carefully and accurately. From drafting to final approval, our team provides trusted guidance every step of the way.