Retirement Benefits & Divorce
Offering You Over 20 Years of Experience
Are you seeking a
divorce? Do you or your spouse have a pension plan? If so, then it would be wise
of you to become familiar with how Kansas' divorce laws affect retirement
benefits. As an Olathe divorce lawyer and founder of The Law Office of
John Harvell, I would be more than happy to shed light on this subject for you.
Why choose my firm?
- I have over 20 years of legal experience.
- I am AV Preeminent® Rated by Martindale-Hubbell®.
- I offer free initial consultations.
What happens to retirement benefits in a divorce?
In Kansas, all property acquired during the marriage through the efforts
of one or both spouses, including retirement benefits is considered "mutual
property." As a general rule, the net worth of all "mutual property"
is divided equally between the parties. The court may decide to include
the retirement benefits earned by one or both spouses as marital assets
subject to division.
When one divorces in Kansas, an annuity, benefit or accumulated contributions
from their retirement system may be subject to claims by a spouse under
a Qualified Domestic Relations Order (QDRO).
What is a QDRO?
A QDRO is a court order which divides a retirement account that accrued
during the course of the marriage. In Kansas, both vested and unvested
pensions are considered marital property. A pension is vested when all
requirements to receive the pension have been met.
If spouses share in each other's retirement or pension plan, then a
Qualified Domestic Relations Order must be completed. The QDRO is a set
of instructions informing the plan administrator that two parties are
dividing pension benefits. The instructions will set forth the terms and
conditions of the distribution; for example, how much of the benefits
are to be paid to which party, and when.
Note: For retirement benefits, there are also local rules that calculate
Contact an Olathe divorce lawyer today!
To learn more about how retirement benefits are divided for civilian workers
or for police and fireman under the Kansas Police and Fireman's Retirement
System (KP&F), I urge you to
contact me right away. In a complimentary consultation, I can answer your questions
and help you understand how retirement benefits are divided under Kansas'