What Happens To Pensions, 401(k)s & IRAs In a Divorce?

During the divorce process, it is necessary to achieve an equitable distribution of marital assets. This includes financial assets held in the form of pensions, 401(k) and IRA accounts. The task is made more difficult due to issues involving taxes, penalties for premature withdrawals of funds and vesting.

Pennsylvania Asset Division - Pensions, 401k's & IRA Law Firm

Karen Ann Ulmer, P.C., Attorneys at Law is an experienced divorce and family law firm with experience in property division matters. We understand the complexities of dividing pension, 401(k) and IRA assets, and always act to protect our client's assets and rights.

Call 215-752-6200 to schedule a call for a confidential consultation.

An attorney at our firm can evaluate your situation and discuss the unique legal and financial aspects of your case.

Identification, Valuation and Taxation Issues

During the divorce process, separate property (those assets obtained before the marriage or through inheritance) must be identified, as must marital property (that obtained during the course of the marriage). For 401(k) and IRA assets, it is easy to date certain transactions, provided that records can be obtained. Pension assets earned before and during a marriage can more difficult to identify and value. The potential taxation aspects of premature withdrawals must also be considered. When necessary, our attorneys work with accountants and taxation specialists who can provide insights and guidance in these matters.

Each case is different. Karen Ann Ulmer, P.C. will work to obtain a property settlement that protects your assets and rights.

Different Courts, Different Outcomes

In eastern Pennsylvania, different courts view property division matters in different ways. For example, should a retirement fund distribution be considered as income or as the transfer of an asset? What one judge may see as a fair and equitable division of assets may be viewed by another judge as something less than equitable.

The attorneys at Karen Ann Ulmer, P.C. have a wide range of experience in courts throughout Southeastern Pennsylvania. We understand how certain view such matters and always work to obtain the outcome that is best for our client.

Contact a Lawyer

For a call for a confidential consultation with Karen Ann Ulmer, P.C., call 215-752-6200 toll free or send us an e-mail.

  • Avvo Rating
  • 10.0 Superb
  • 2014 top 100 lawyers ASLA
  • Overall Client Rating in Family Law - 4.8 out of 5.0