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Retirement and Investment Accounts in Divorce

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Retirement and Investment Accounts in Divorce

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Dividing Retirement Accounts and Investments During Divorce in Fort Wayne, IN

For many people, retirement accounts and investments represent a lifetime of hard work and careful planning. When facing a divorce, the thought of having to divide these critical assets can become a major source of stress and uncertainty, especially when your retirement is suddenly on the line.

At The Bellinger Law Office, we understand that maintaining financial security is paramount. We can provide the legal experience and guidance you need to face the unique challenges of dividing retirement accounts and investments during a divorce, ensuring your future is protected.

How Indiana Law Views Your Assets in a Divorce

Unlike many states, Indiana does not recognize “separate property” and “marital property” in property division. This means that all assets owned by either spouse, whether acquired before or during the marriage, are all considered for division during divorce. This can encompass everything from the family home and bank accounts to more complex assets, which may include:

  • 401(k)s
  • Pensions and defined benefit plans
  • Individual Retirement Accounts (IRAs)
  • Stocks, bonds and mutual funds

Indiana law presumes that an equal 50/50 split of assets is just and reasonable. However, this presumption can be challenged. A court may order an unequal division based on factors like one spouse’s inheritance, the economic circumstances of each party or the conduct of the parties during the marriage. Protecting your share can, at times, require a strong, evidence-based argument.

The Invaluable Role of an Experienced Divorce Attorney

Dividing retirement accounts and investments can be one of the most complicated aspects of any divorce. An experienced attorney by your side is an essential means of protecting your financial interests.

The Bellinger Law Office can make a critical difference in your case during retirement and investment division through:

  • Accurate Valuation: We help ensure all assets are properly identified and valued. Pensions and investment accounts often have complex valuation rules, and we can partner with financial experts when necessary to determine their true worth.
  • Strategic Negotiation: We build a compelling case to argue for a fair division, whether that means an equal split or arguing for a greater share based on your specific circumstances.
  • Managing Complex Paperwork: Dividing retirement accounts typically requires specific legal orders, such as a Qualified Domestic Relations Order (QDRO). Errors in these documents can cause significant financial issues and delays. We can handle this intricate paperwork with the precision it needs.
  • Protecting Your Rights: We are your dedicated advocates throughout the process, ensuring that your spouse provides full financial disclosure and that your right to a fair share of all involved assets is upheld.

Take Steps to Secure Your Financial Future Today

The decisions made during your divorce will have a lasting impact on your financial well-being for years to come, and your retirement security can be significantly affected by these choices. You need a legal partner who has the experience to handle these legal and financial matters as well as the dedication to fight for your future.

The team at The Bellinger Law Office is ready to provide the strategic and supportive guidance you need. Don’t wait to protect your financial future—contact The Bellinger Law Office today to schedule a consultation.

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