Protecting Retirement Assets During Divorce (QDRO)

Let's Discuss Your Case - We're Here For You.

When dealing with a family matter issue, you do not have to go at it alone. Give us a call and we can discuss the entire case during a comprehensive attorney consultation.

Let's Discuss Your Case - We're Here For You.

When dealing with a family matter issue, you do not have to go at it alone. Schedule your comprehensive attorney consultation now and we can discuss the entire case.

Many people carefully put away money for decades so they can have a comfortable life after retiring. A divorce can put that plan in jeopardy. Disputes over retirement assets are common, especially when one spouse worked while the other stayed home to raise children. This is when you need representation in Qualified Domestic Relations Order (QDRO) to protect those assets and handle the division of retirement accounts.

How Are Retirement Accounts Handled in Divorce?

Arizona is a community property state. That means that even though your retirement portfolio was built through your financial contributions, your portfolio could be considered community property, and your spouse may have a claim to a portion of its value.

For the spouse who participated in the plan, there are concerns about depletion of the account and also concerns over providing for a future spouse and children. For the nonparticipant spouse, the money in the plan may be his or her only significant source of retirement income.

At the law office of Gary J. Frank, we help clients understand how the property division process will affect retirement assets, including:

  • 401(k) accounts
  • IRAs
  • Deferred compensation plans
  • Stocks and bonds
  • Pensions, including state and military pensions
  • Other types of retirement plans

What About Qualified Domestic Relations Orders (QDROs)?

A QDRO is a highly specialized and technical document that many retirement plans require to be on file before they will allow a plan’s assets to be distributed. They are intended to prevent an early withdrawal from the accounts, which would carry heavy tax penalties. At our firm, we work with QDRO experts who are highly qualified and experienced in handling complex marital estates. Getting these documents right the first time and serving them on the plan administrator properly is critical to avoid penalties. You can be confident in our ability to get the details correct and protect your retirement funds.

To learn more about how your retirement accounts may be affected during divorce, we invite you to schedule a consultation with our skilled attorneys. Call 602-383-3610 or contact our law office online.

Client Reviews


Family Law Client

I had a very legally and emotionally difficult case and was fortunate enough to have Mr. Frank’s legal assistance. Mr. Frank was extremely professional, reliable, and competent. He always kept me informed of my case, and he gave me great legal insights. His litigation expertise and easy disposition allowed me to be comfortable and less stressed considering the situation. Mr. Frank always treated me with respect and valued my input. I felt part of a collaborative effort rather than the usual attorney-client relationship. It was a pleasure working with Mr. Frank, and I would most definitely recommend him to my friends and family.

I would recommend your services to anyone!

I am very satisfied for all you have done for me throughout my divorce and custody cases. You listened to what was important to me and you made it your number-one priority. The safety of my children meant the world to me and you helped me keep them safe. You are excellent in the courtroom. Throughout all of my court cases and different issues with my ex-husband, you helped me stay calm and grounded. I believe in our justice system since I was lucky enough to have an amazing attorney. Mr Gary Frank, you were a godsend in many ways, and every time I look at my children and know they’re safe I thank God for finding such a great attorney. I would recommend your services to anyone! Thank you once again for all your hard work.

Francesca

I feel re-born!

“I can’t tell you how much I am now enjoying my life. It sounds crazy, but I feel re-born! Of course, I have my days, but they are fewer and fewer. I spend time with family and friends and for the first time in seven plus years, I feel alive and well. I will never be able to thank you enough for all your caring and encouragement throughout this extremely stressful and challenging time in my life. I could not have managed to get through it without your support.”

Noel

A Lawyer That Cares

I chose Hannah to represent me because I know she personally invest herself into each and every client. I could tell she really cared and was ready to fight for me. When I called to schedule for a consult, Hanna received the phone call, not some lawyer’s assistant or front desk person. She has gone above and beyond what was asked of her. She knows what she’s doing. Thank you so much Hanna!

Jonathan

Excellent Lawyer!!!

I was going through a family court case & did not have a lawyer. I needed help filling out paperwork & knowing what to do in court. Mr. Frank met with me on several occasions & helped with properly filling out all of my paperwork & informing me of the correct way to file it. He gave me his cell phone # & always returned my calls promptly.

DANA

Divorce Lawyer

Gary was recommended to me by a relative. I was in a long-term abusive marriage and had had enough and was ready to put an end to it. while being “ready” I was scared to death as I was someone with low self-esteem and so afraid of how my Ex would respond. Gary gave me the courage to stand up for myself and helped me work thru my insecurities so that I was able to testify in court and breath. He walked me through all the steps of what we were going to do so that I understood. he was always ready to answer any questions/concerns I had in a timely manner (and I had a lot). I have recommended Gary to several friends going thru a divorce and I will continue to do so. I can’t thank him enough for his help and what he has done for me.

Annette

When you need better than the best

It is all about passion. Whether you play baseball, run a bakery, or practice law, you will do it better if you have passion. Hanna has that passion. She helped guide me through my trying times during my divorce and custody case. Her impeccable professionalism, humanity, and understanding as well as being tough enough to get things done were beyond what I could ever hope for. I couldn’t ask for a better attorney than Hanna. She not only cared about me, she also cared about the well-being of my daughter. I would highly recommend her to anyone.

Susan

Angels

Gary and Hanna are the most amazing and compassionate attorneys in AZ. They go above and beyond and would highly recommend them to anyone! They work with you and actually care about the well being of your children vs. Money (unlike most others). I cannot thank them enough for what they have done for my own family. Angels.

Erin

Thanks From A Confident Dad

Gary, I see your LinkedIn posts every now and then and just wanted to send you a quick note.  Wow, the last 6 years have been a whirlwind.  I just want to thank you again for the support and guidance you provided to me 6 years ago.  It has made a monumental difference in my life. My son’s mother and I made the mutual decision to move (out of state) about a year and a half ago.  Ironically, we live in the same neighborhood now, we’ve got our parenting plan at about 50% time each, and we walk him to school.  We get along, and it honestly can’t be any better.  My son is now in 1st grade, and he has a brother who is a year and a half.  In the past 6 years, I’ve evolved from the scared, immature, insecure person who sat in your office to a confident father of two boys.  Your input and guidance had a lot to do with that, so, thank you.  I do miss Arizona – in due time, hopefully, I’ll be back.

Family Law Client

Successful Relocation Case

To say I am grateful would not be giving you guys enough credit. I am humbled to have found you and blessed beyond words.

Family Law Client

I Know In My Heart I Chose The Right Attorneys To Represent Me

I appreciate all of you and all that you have done on my behalf. Most of all, I appreciate all of your moral support and your faith in me and my intentions. I know in my heart that I chose the “Right Attorneys” to represent me. I am happy that I chose wisely and trusted my heart & my ‘gut instinct.’

Valerie

Very Honest

November 2009 I retained Mr. Frank for almost two years to represent me in a visitation modification filed by my ex-husband. Mr. Frank quickly and efficiently became familiar with my case and was very honest about all the potential results that could occur. I truly feel that Mr. Frank had my children’s best interests in mind…

Judy K