Pension IRA 401k Providing Legal Support for You and Your Family

Philadelphia Retirement Account Attorney

When a married couple gets divorced, retirement assets such as pensions, IRAs and 401(k)s must be properly valued and divided. Under Pennsylvania law, retirement assets accumulated during a marriage become part of the marital estate and must be equitably divided between the divorcing spouses.

If you are facing a divorce and you and/or your spouse has retirement assets, it is important to consult with an attorney who is well versed in these matters. At the Law Office of Smith & Horwitz, our lawyers can help you understand your rights and ensure that you obtain your fair share of the retirement assets and other marital property.

Schedule your initial consultation by calling our Philadelphia firm at (215) 515-8464 or completing our online form.

Valuing Retirement Assets in Divorce

The valuation of retirement assets in divorce can be a complex process. The portion of the retirement account earned before your marriage is separate property, but anything earned after your marriage is marital property (including interest gained on the separate property). Our attorneys work with experts in accounting and other fields who help us identify and value retirement assets.

Qualified Domestic Relations Orders (QDROs)

A Qualified Domestic Relations Order, or QDRO, is a legal order that gives one spouse a share of the assets in a pension plan when a married couple gets divorced. When a divorce is finalized, the QDRO will notify the pension plan administrator to facilitate the distribution of funds appropriately to each spouse. A QDRO is used to avoid any unfavorable tax consequences that can occur in splitting a retirement/pension plan.

If you are getting divorced and you and/or your spouse has a pension plan, it is important to work with a divorce lawyer who is well versed in QDROs and other aspects of the division of retirement assets. An experienced attorney can help you avoid unnecessary tax consequences in these scenarios.

Contact Our Montgomery County Firm Today

If you are getting divorced and have concerns about the division of retirement assets, we are here for you. Contact us today online or by telephone at (215) 515-8464 to arrange a consultation with one of our experienced Philadelphia family attorneys.

Our Testimonials

We Pride Ourselves on Client Satisfaction
  • “Elaine handled my case since 2007 through 2009. She did excellent job. I just came back to consult her on different issue.”

    - Former Client
  • “I can’t say enough positive things about Adam Horwitz. I’ve been on the receiving end of child support and custody issues for ever 10 years now, so I’ve worked with numerous lawyers.”

    - Former Client
  • “Adam was polite, always responsive, and handled my matter quickly. He explained everything to me ensuring I understood what to expect in the process.”

    - Former Client
  • “I had Adam represent me as my attorney and his expertise in this field showed. He helped me go through a messy custody battle and the results of what was best for the well being of my child.”

    - Lanei Burke
  • “I have nothing but praise for Adam Horwitz, who represented my side in the custody litigation process.”

    - Alex B.
  • Superlawyers 2021
  • Avvo 10
  • PA Bar

Contact Us Today

Our family law firm represents clients in family litigation throughout Philadelphia and the surrounding counties, including Bucks, Chester, Delaware, and Montgomery.  Contact the Law Office of Smith & Horwitz to learn more about how we can help you in your local county.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.