After you get married, you plan to grow older with your spouse and enjoy life. Many couples plan for a future together, including retirement. Partners often look forward to their free time and save up for it. You may have plans to travel, buy a 2nd property, or spend more time with the family. Sometimes, marriages don’t work out, and the life you had planned changes drastically. One question Jacobs Law Firm gets asked frequently is, “who gets the retirement in a divorce?” As a divorce attorney in Orlando, FL, property, and assets are divided equitably in divorce. You spend years investing in a retirement fund that can be lost.

Courts in Florida recognize assets and debt acquired after marriage as marital property. A divorce doesn’t affect most investments you had before getting married. However, retirement funds are often split regardless of when the account was opened. A prenuptial agreement can benefit both partners by offering the potential for post-marital financial protection. For spouses with separate retirement accounts, pre-marital arrangements may be a good idea. There’s a misconception that your marriage will fail if you sign a prenup. However, protecting your savings is important, and you never know what’ll happen. If you have questions about a prenuptial agreement in Orlando, contact us. Jacobs Law Firm can go over how retirement funds are affected if you divorce.

You may have a friend or family member who lost part of their pension or retirement in a divorce. Working and saving money to lose some of it can be devastating. If you regret not signing a prenup, you and your spouse can discuss a post-nuptial agreement. Even if you’re in a happy marriage, it doesn’t hurt to protect your retirement funds just in case. Jacobs Law Firm draws up post-marital agreements in Orlando, Florida. If you divorce, terms of property and asset division are already agreed upon.

Without a legal agreement in place, your retirement benefits will be split in a divorce. Most accounts require a QDRO to be filed in a Florida court. A qualified domestic relations order authorizes funds to be distributed. Jacobs Law Firm is a QDRO attorney Florida who can help you with both. When people get married, they never expect or plan to get divorced. Couples plan to save and spend their retirement funds together. You may not think you need a pre or post-nuptial agreement Florida . Therefore, it often comes as a surprise who gets the retirement in a divorce. Florida fairly splits marital property and debt, which may not be divided evenly. To learn more about options to protect assets in the event of a divorce, contact us. Jacobs Law Firm can look at your case and see if a QDRO needs to be filled.

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Jacobs Law Firm

331 S. Wymore Rd., Winter Park, Florida
32789
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(407) 335-8113
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