Retirement Benefit Orders in Maryland
Assisting Maryland Residents with Retirement Benefit Orders
At Andalman & Flynn, we can help you with retirement benefits orders in matters involving separation or divorce. Additionally, whether you are paying alimony or child support or seeking support and maintenance from a spouse or parent, you may have important rights under certain retirement plans.
Andalman & Flynn family law lawyers are knowledgeable about various retirement benefit orders including:
- Qualified Domestic Relations Orders: A qualified domestic relations order (QDRO) can be used to divide retirement assets in plans qualified under the Employee Retirement Income Security Act (ERISA). Retirement and employee benefit plans subject to ERISA are generally private sector (i.e. – employer sponsored) plans. In addition, the QDRO can be used to provide for a private sector retirement plan to make payment of child support, alimony, or marital property rights to a spouse, former spouse, child, or dependent of the retirement plan participant. The attorneys at Andalman & Flynn are well-versed in the detailed rules used to determine that a QDRO conforms to federal law.
- Court Order Acceptable for Processing: A court order acceptable for processing can be used to provide for the division of retirement benefits under certain governmental plans including Civil Service Retirement System (CSRS) and Federal Employees Retirement System (FERS). A court order acceptable for processing may divide retirement benefits including employee annuities, refunds of employee contributions, and survivor annuities.
- Retirement Benefits Court Order: A retirement benefits court order can be used to provide for the division of a Thrift Savings Plan (TSP), the retirement savings plan for federal employees and certain members of the uniformed services.
- Military Retired Pay Division Order: The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows for the division of military retired pay by court order as a property award or to enforce an alimony or child support award.
- Eligible Domestic Relations Orders: An eligible domestic relations order can be used to divide certain state, county and municipal retirement benefits. As government sponsored plans, these plans are exempt from the provisions governing QDROS under ERISA. As such, an eligible domestic relations order is required to provide for the division of these benefits. Examples of such retirement benefit plans include the Maryland State Retirement and Pension System and the component systems for judges, legislators, law enforcement officers, and teachers.
Our services regarding retirement benefits orders include:
- Securing retirement benefits orders to divide retirement assets;
- Securing retirement benefits orders to enforce alimony or child support obligations;
- Defending against claims for the division of retirement benefits;
- Defending against claims for a retirement benefits order to enforce support obligations;
- Negotiating a marital settlement agreement including the division of retirement benefits by court order;
- Drafting retirement benefits orders;
- Providing advice regarding retirement benefits orders to minimize tax consequences or penalties;
Contact Our Divorce Attorneys About Retirement Benefit Orders Today
Our experienced separation, divorce, and support lawyers at Andalman & Flynn are familiar with matters involving retirement benefits in Maryland and under various federal, state, county, or municipal plans. Whether you have questions about the preparation of a qualified domestic relations order, a court order acceptable for processing, a retirement benefits court order, a military retired pay division order, or an eligible domestic relations order, or need assistance to know your rights and obligations regarding retirement benefits, contact us online today. For a consultation, call (301) 563-6685, or toll-free at 1-888-558-7871.