Retirement Assets and Divorce

At the Virginia law firm of Maddox & Gerock, clients appreciate the fact that our attorneys are strong advocates who are also reasonable, practical and aware of the financial challenges that divorce brings to families. With extensive experience in this area of law, we know what it takes to negotiate a favorable outcome for our clients.

We assist clients with the equitable division of:

  • 401(k)s and other defined contribution plans
  • IRAs and Roth IRAs
  • Pensions and other defined benefit plans
  • Military and government benefits

Dividing Government Retirement Benefits

Our area of Virginia has a large population of current and former military service members and government employees. Their government retirement benefits often comprise their most valuable marital assets, sometimes worth more than their homes.

In Virginia, government retirement benefits gained during a marriage are considered marital property, meaning that they are subject to division during a divorce. The courts have jurisdiction over state and federal employees and have the authority to order civil servants and members of the military to divide pensions and cover ex-spouses on survivor benefit plans.

At Maddox & Gerock, we are skilled and knowledgeable about dividing benefits that are specific to military and other government workers. We can provide advice regarding:

  • Thrift Savings Plans (TSP)
  • The Federal Employees Retirement System (FERS)
  • The Civil Service Retirement System (CSRS)
  • Military pensions
  • Other military and government benefits

Qualified Domestic Relations Orders (QDROs) & Other Retirement Orders

Many retirement accounts, military or otherwise, require a specific order to be on file before benefits will be distributed. This may be a QDRO or another type of retirement division order such as a Court Order Acceptable for Processing (COAP) or a Retirement Benefits Court Order (RBCO).

QDROs, COAPs and RBCOs are all highly technical documents that require accuracy and precision. Our attorneys know the pitfalls associated with these documents, and we will make sure that yours is filed correctly with the court and the plan administrator so you get the benefits you deserve.

Consult Our Attorneys

To learn more about dividing retirement assets during divorce and how to protect your share, please schedule a consultation. Call our Falls Church office at 703-883-8035 or email us today.