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How to get your fair share of your husband's retirement assets

As a woman whose spouse makes a lot of money, you might be wondering what assets are subject to division during divorce. For example, what about all that money in his retirement plan? Will that be divided? How can you be sure he is being honest about all his retirement funds?

Generally speaking, his retirement assets earned during your marriage will be divided during divorce. Here is how it works and how you can make sure your husband is declaring all his retirement plans.

Where to look first

One you should know about high-asset property division is that many spouses will try to hide assets so they are not distributed. As a divorcing woman, you should consider everything you and your husband have acquired during your marriage. If you think your husband may be concealing funds, you should start by looking at his recent tax return on file.

Digging deeper

In some cases, you may need to do some deeper digging. For instance, you may need to begin the discovery process with the help of an attorney. This may involve demanding documents or an oral deposition. If your uncooperative husband fails to provide documents, the court may impose a sanction against him. 

 

Dividing the funds

Once your husband discloses all assets, it is time to divide them. A qualified domestic relations order typically divides most funds in a retirement account. This process allows funds to be distributed without penalties or taxes if done correctly. Whether you end up deciding on the division through mediation or litigation, doing it through a QDRO is a smart choice.

Now you know how to find retirement assets and get your fair share during the divorce. Perhaps you and your husband will be able to work amicably and come to a decision on your own. Unfortunately, sometimes litigation is required. In either case, it is a good idea to consult a divorce attorney.

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