It is critical to understand the details of retirement assets before the divorce is finalized. Often, retirement plans have limitations or unique provisions that can have a significant impact on your client’s future. If you learn of these after the divorce is finalized, it may not be possible to fully secure your client’s share of the benefit.
We always welcome, and do not charge for, brief conversations regarding the general provisions of plans. For instance, if you call and ask what you need to be aware of when representing the spouse of a postal worker, we would let you know that FERS only allows a shared payment type order where the alternate payee must wait until the participant retires to begin receiving their assigned share of the benefit. We would also make you aware that survivorship is lost by the alternate payee remarrying before the age of 55.
When you are in need of more specific and detailed information, we offer hourly consulting ($200/hour). Typically, you would provide us with statements and documents of all the retirement plans involved in the case and we would set up a time to discuss options and make recommendations for how to proceed. This can be a conference call or in-person meeting and can include your client if you desire.