Tampa, Florida

Dividing Retirement in Divorce

How Will Your Retirement Savings Be Divided?

Do You Know How Your Assets Will Be Divided?

The divorce process is filled with complicated and often contentious questions like: Who will end up with custody of the children? Who gets to live in the house after the divorce is finalized? Who gets the wedding gifts? While these are undoubtedly important questions to ask and resolve, it can be easy to overlook other similarly important questions like how your retirement savings accounts will be divided. Even if you’re put considerable thought into this, an experienced divorce lawyer can help you come up with a plan of action that will help you secure the most beneficial outcome.

Give us a call at (813) 518-7941 to speak with a member of our firm today.

At Givens Givens Sparks, our Tampa divorce lawyers have spent their careers helping families and individuals navigate this process in order to secure an outcome that puts them and their family in the best position once their divorce is finalized. With more than 135 years of collective experience on our side, we can confidently say that there isn’t a situation we haven’t seen or personally handled before. No matter how far into the process you are, contact us today if you’re in need of a knowledgeable and passionate lawyer to help you through your divorce.

What Does The Florida Family Code Say About Property Division?

The Florida Family Code separates property into two categories, separate property and community property. Separate property covers items and assets that either you or your spouse were in possession of before you were married, while community property covers items, assets and earnings received or earned during your marriage. There are a number of retirement plans available, but no matter which one you and your spouse chose, the Florida Family Code considers it community property.

Retirement plans that can be divided include, but are not limited to:

  • SEP-IRA
  • Roth IRA
  • SAR-SEP
  • Simple IRA
  • Traditional IRA

The judge will use a qualified domestic relations order (QDRO) to determine how to divide your federally controlled retirement plans. However, some things like providing benefits exceeding their interest value and requiring a retirement plan to pay extended benefits that aren’t specifically offered by your plan will not be affected by a QDRO. The judge will often hire an expert to put an exact figure on the value of your defined benefit plan, and an experienced divorce lawyer can help you understand the process and provide you with the information you need to prepare for the court’s final ruling.

Fill out our online form to request a case evaluation today.

Hire An Experienced Divorce Lawyer Today

At Givens Givens Sparks, our Tampa divorce lawyers have dedicated their careers to offer families and individuals the attention and support they need during this difficult time in their life. With more than 135 years of collective experience, there isn’t a situation we aren’t prepared to assist you with. Whether you are just starting your divorce process or if you’ve been working through it for some time now, give us a call at (813) 518-7941 to speak with a member of our firm or fill out our online form to request a case evaluation today.

Client Testimonials

  • "I feel exceptionally fortunate having been referred to you."

  • "Rob has proven his extraordinary talent, perseverance, vast knowledge of the law, along with his professional demeanor and his ability to communicate and listen well."

  • "Your expertise, knowledge and professionalism put me at ease while you handled my out of state matters."

  • "I will be forever grateful for your assistance, understanding & concern on my divorce."

  • "Know anyone with the same amount of class, ethics and thoughtfulness and ability to execute as you?"

  • "The times we have with our granddaughter are a constant reminder of Rob’s highly effective work."

  • "Going through a divorce is a very traumatic event, but you all make your clients feel cared for and the trust factor is definitely felt."

  • "I would recommend them 200% to anyone who has to go through a divorce."

  • "I truly appreciate your brilliant legal minds and your professional protection of my desires and interests as pertaining to my home."

  • "If I ever have a friend who's going through a divorce, you will be the only name for me to recommend."

  • "Mr. Givens assured me that he was placing my needs in very good hands. He was correct because we are in a much better place because of your efforts."

  • "Stann is an intellectually gifted, highly motivated, knowledgeable attorney. He was truly a 'master negotiator.'"

  • "Rob, Thank you for your assistance and guidance throughout my divorce process. I will certainly recommend you to others seeking legal support."

  • "I appreciate you both always taking the time to answer all of my questions"

  • "Your joint efforts and hard work have finally brought a son and father together."

  • "Your guidance and wisdom has truly guided me through this difficult process that I can now put behind me."

  • "His research, preparation and professionalism is noteworthy in every aspect."

  • "Rob, I wanted to say THANK YOU for all of the time, effort and hard work you put into my case! Without your assistance, Madison would not be here with us in South Florida."

  • "Your guidance and wisdom has truly guided me through this difficult process that I can now put behind me. "

  • "His research, preparation and professionalism is noteworthy in every aspect. You have a brilliant attorney on your team."

  • Paula, thank you so much! You have been a true pleasure to work with through this difficult process. I really appreciate it.

  • "Rob, Thanks again for all of your help through this process. You and Paula have both been great."

  • "Ellen, this comes with sincere gratitude for a job well done. You have restored my faith in your profession. Thank you for always acting in my best interest."

  • "Ellen, I could not have been more fortunate in my legal representation!"

  • "I am very happy that I selected your firm and would not hesitate to give my highest recommendation."

  • "Rob, I wanted to say thank you for all your efforts in getting this agreement settled."

  • You have been wonderfully amazing. Thank you for everything. So grateful.

Get In Touch

At Givens Givens Sparks, your family is our family. As such, we promise to fight for each client and voraciously protect their best interests. Facing a family law issue? Get in touch with us to learn how we can help!

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