Retirement Asset Division

South Metro Atlanta, GA Area

Over 44 Years of Experience 

Nominated for The National Black Lawyers - Top 40 under 40 

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Protect Your Retirement Assets During Divorce

Dividing retirement assets in a divorce can be a complex and sensitive issue, as these assets often represent a significant portion of a couple’s financial future. In Georgia, retirement assets acquired during the marriage are considered marital property and are subject to equitable distribution. The Law Offices of McGuire & Bullard is here to safeguard your financial interests. Our family attorneys in South Metro Atlanta provide tailored solutions for each client's unique situation.


Ensure your future financial stability by getting professional help with retirement asset division. Contact us for legal assistance that meets your specific needs.


Types of Retirement Assets

  • 401(k) and 403(b) Plans

    These are employer-sponsored retirement accounts that allow employees to contribute a portion of their salary, often with employer matching contributions. In a divorce, the contributions made during the marriage, as well as any earnings on those contributions, are considered marital property and are subject to division.

  • Individual Retirement Accounts (IRAs)

    IRAs are personal retirement accounts that can be funded independently or rolled over from employer-sponsored plans. Similar to 401(k)s, the contributions and earnings accrued during the marriage are marital property.

  • Pension Plans

    Pensions are retirement plans that provide a fixed income upon retirement, based on years of service and salary history. The portion of a pension earned during the marriage is considered marital property. Determining the marital share of a pension can be complex and often requires actuarial calculations to assess the present value and future benefits.

  • Military and Government Retirement Plans

    These plans, including those for military personnel and government employees, have specific rules for division in divorce. The Uniformed Services Former Spouses’ Protection Act (USFSPA) governs military retirement benefits, while state and federal regulations apply to government retirement plans.

  • Other Retirement Assets

    This includes annuities, deferred compensation plans, and other retirement savings vehicles. Like other retirement assets, the marital portion of these accounts is subject to division in a divorce.



Legal Framework for Retirement Asset Division

Proper handling of retirement asset division is key to your long-term financial security. The Law Offices of McGuire & Bullard provides vital support by determining:

  • Marital vs. Non-Marital Portions - Only the portion of retirement assets accrued during the marriage is considered marital property. Any contributions or earnings before the marriage or after separation are typically regarded as non-marital and remain with the original owner. Proper documentation and financial records are essential to distinguish between marital and non-marital portions.
  • Equitable Distribution - Georgia follows the principle of equitable distribution, meaning that marital assets, including retirement accounts, are divided fairly but not necessarily equally. The court considers factors such as the length of the marriage, each spouse’s financial needs, contributions to the marriage, and future earning potential when dividing retirement assets.
  • Qualified Domestic Relations Order (QDRO) - A QDRO is a legal order used to divide certain types of retirement plans, such as 401(k)s and pensions, without incurring penalties or taxes. The QDRO specifies the percentage of the account or benefit to be transferred to the non-employee spouse and is required to be approved by the retirement plan administrator. For government and military pensions, similar orders and procedures are in place to facilitate the division.


Protect your financial future by getting professional help with retirement asset division. Our team is ready to guide you through this complex process.


Steps to Divide Retirement Assets

  • Identification and Valuation

    The first step in dividing retirement assets is identifying all accounts and determining their value. This involves gathering statements and account balances, as well as assessing the value of future benefits for pensions and similar plans. Accurate valuation is crucial for equitable distribution and often requires the expertise of financial professionals.

  • Negotiation and Settlement

    Spouses are encouraged to negotiate the division of retirement assets as part of a broader settlement agreement. This may involve agreeing on a percentage split of accounts or trading off assets to balance the overall distribution. Mediation can be a helpful tool in reaching an amicable agreement.

  • Drafting and Approval of QDRO

    For retirement plans requiring a QDRO, the order must be drafted to meet the specific plan requirements and then submitted for court approval. The approved QDRO is then sent to the plan administrator for implementation, ensuring the non-employee spouse receives their share of the retirement assets.

  • Tax Implications

    Dividing retirement assets can have significant tax consequences. While QDROs allow for penalty-free transfers, the recipient spouse may still be responsible for taxes on distributions. Understanding the tax implications is essential for both parties, and consulting a tax professional can provide clarity on the best strategies to minimize tax liabilities.


Advantages of Choosing The Law Offices of McGuire & Bullard

The Law Offices of McGuire & Bullard offers unique benefits for retirement asset division:

  • 44+ years of combined legal experience
  • Personalized solutions for each client
  • Deep understanding of Georgia family law
  • Georgia State and Henry County BAR association members
  • Woman-owned and minority-owned firm
  • Established in 2013
  • Nominated for The National Black Lawyers - Top 40 under 40
  • Committed to the Metro Atlanta South community


Our experienced team provides the personal attention and skilled representation you need during this important time.


Secure Your Financial Future Today

Protect your financial stability during retirement asset division. The Law Offices of McGuire & Bullard is dedicated to safeguarding your interests and ensuring fair and equitable division of retirement assets. Our family attorneys are ready to provide the guidance and representation you need during this difficult time.


 Contact us today to schedule a consultation and start securing your financial future.

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