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Retirement Benefits & Divorce

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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 nearly 30 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 the amount.

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), Iurge 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' divorce laws.

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