Misunderstanding the Type of Retirement Plan to Be Divided in a Divorce:

Attorney Tabano divorce, marital assets, retirement, separation, social security, support, tax

This is probably one of the most common mistakes in settlement agreements and even final judgments, since often times attorneys prepare the final judgment which the judge simply signs. It often erroneously states “retirement plan” without ever defining the type of plan(s) to be divided. Retirement plans can be defined contribution plans, defined benefit plans or some type of hybrid. …