Archived
In case of a divorce can you get half of your spouse's retirement account and claim 1/2 of his social security benefit?
Graham's answer
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Answered on January 10, 2014
Retirement accounts which accrued value during the marriage are usually considered part of the marital estate, and are subject to division in a...
Can you cash out 401k in event of divorce
Graham's answer
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Answered on January 08, 2014
You should not cash out your 401(k) once you have been served with a divorce petition. Take the papers you were served with to an attorney...
Archived
Can I be entitled to some of my ex-husband's retirement if he is a IBEW union member?
Graham's answer
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Answered on January 08, 2014
Any right you had to your ex-husband's retirement fund should have been addressed in the divorce decree. You should review the decree with a...
Archived
LLC or Inc or Other?
Graham's answer
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Answered on January 08, 2014
For the type of business relationship you are describing, an LLC may provide you with the best flexibility. However, whether you offer goods as...
Statue of limitations QDRO
Graham's answer
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Answered on January 06, 2014
There is no statute of limitations which applies specifically to filing a QDRO. However, the general rule is that is should be done sooner rather...
Archived
Divorced in 1985 and was awarded 10% of private pension. No one ever mentioned QDRO and wanted to know if I am able to file .
Graham's answer
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Answered on January 03, 2014
You should immediately consult an attorney who is experienced in dividing retirement funds. Waiting for such a long time to get the QDRO prepared...
Would I lose my rights to my husband's IRA if we divorce if I sign the waiver to his 401k, so he can roll it into IRA?
Graham's answer
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Answered on December 17, 2013
You are entitled to an equitable share (usually half) of the benefit that accrued to a 401(k) plan during your marriage. Although technically you...
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Archived
If a person, CEO is listed as a "member" of an LLC, does that mean they are an owner or give them some arguement vs a principal.
Graham's answer
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Answered on December 04, 2013
The 'members' of an LLC are the owners. Think of them as the equivalent of stockholders in a corporation. Generally, the rights of members...
Archived
I am retired military. She was not with me 1 day during the 21 years. Can she claim some of my retirement pension?
Graham's answer
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Answered on December 03, 2013
Normally, an ex-spouse is only entitled to an equitable share of retirement benefits that accrued during the marriage. To be absolutely certain...
Archived
San brdo county superior court divorce judgement ordered my ex to complete a qdro in no more than 3 months, he never did it.
Graham's answer
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Answered on December 02, 2013
Even if the divorce decree orders your ex-spouse to prepare the QDRO, probably your best course of action is to get it done yourself, right away. ...
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