Orlando Retirement & Pension Division Lawyer

Protecting Your Future When Retirement Benefits Are at Stake

The Donna Hung Law Group practices family law in Orlando to help individuals protect their financial futures during divorce—especially when it comes to dividing retirement accounts, pensions, and long-term savings. Retirement assets are often among the most valuable components of a marital estate. Whether you are facing a military divorce, a high net worth divorce, or a standard dissolution of marriage, understanding how Florida courts divide retirement benefits is essential. Our attorneys provide the detailed analysis and strategic guidance needed to ensure that these assets are valued accurately and distributed fairly.

Clients of the Donna Hung Law Group receive clear communication, careful review of financial records, and knowledgeable legal counsel throughout the property division process. Our Orlando retirement & pension division lawyers take a meticulous, solution-oriented approach to protect your interests now and in the years ahead.

Understanding How Retirement Accounts Are Divided in Florida

Florida follows the doctrine of equitable distribution, meaning marital assets are divided fairly—not necessarily equally. Retirement accounts and pensions earned during the marriage are generally considered marital property, even if held in one spouse’s name alone. This includes:

• Employer-sponsored retirement plans
• Traditional IRAs and Roth IRAs
• 401(k) and 403(b) accounts
• Government pensions
• Police, firefighter, and public employee pensions
• Teacher retirement systems
• Military retirement benefits
• Deferred compensation plans
• Profit-sharing programs
• Executive retirement packages

Accurate valuation and division are critical to ensuring a fair distribution.

Marital vs. Non-Marital Portions of Retirement Accounts

Not all retirement benefits are automatically marital. The court must determine:

• What portion of the retirement account was earned during the marriage
• What portion was earned before or after the marriage
• Whether contributions were made using marital or non-marital funds
• Whether accounts were commingled

If a retirement account predates the marriage, only the marital portion is subject to division. Our attorneys help trace contributions, analyze statements, and identify which portions are legally divisible.

Valuing Retirement Benefits

Retirement accounts may require complex valuation methods, depending on the type of plan. Key factors include:

• Contribution history
• Employer match
• Years of service
• Vesting schedules
• Market performance
• Cost-of-living adjustments (COLA)
• Survivor benefits
• Early retirement incentives

For pensions, actuarial valuation is often required to determine their present value. We work with financial experts when needed to ensure accuracy and fairness.

Qualified Domestic Relations Orders (QDROs)

A QDRO is a special court order required to divide certain retirement accounts, such as:

• 401(k)s
• 403(b)s
• Pension plans covered by ERISA

A QDRO:

• Specifies how much of the retirement benefit the non-employee spouse receives
• Prevents early withdrawal penalties
• Ensures proper transfer of funds
• Protects both parties from tax consequences

Improperly drafted QDROs can result in financial loss. Our attorneys ensure QDROs are tailored correctly and approved by the plan administrator.

Pensions and Defined Benefit Plans

Pensions are more challenging to divide than defined contribution plans because they provide future monthly payments rather than a lump sum. Courts evaluate:

• Years of service during the marriage
• Defined benefit formulas
• Retirement age
• Future payout projections

The non-employee spouse may receive:

• A lump-sum buyout (if appropriate)
• A share of monthly pension payments once they begin

We help clients understand their rights and options when pensions are at issue.

Military Retirement Benefits

Military divorce cases involve unique federal rules governing:

• Military pensions
• The 10-year overlap rule
• Survivor Benefit Plans (SBP)
• Thrift Savings Plans (TSP)
• Disability pay and its effect on pension division

We ensure compliance with the Uniformed Services Former Spouses’ Protection Act (USFSPA) and help spouses secure the benefits they are entitled to.

Public Employee and Government Pensions

Government employees—such as teachers, police officers, and municipal workers—often have pensions governed by special rules. These pensions may require:

• Separate valuation methods
• Special division procedures
• Elections for survivor benefits

Our attorneys understand how to navigate these complex systems.

Early Withdrawal Penalties and Tax Consequences

When dividing retirement accounts, tax implications must be considered. Potential issues include:

• Early withdrawal penalties
• Taxable distributions
• Required minimum distributions (RMDs)
• Rollover options
• Cost basis considerations

A properly prepared QDRO or transfer document can avoid unnecessary tax burdens.

Survivor Benefits

Survivor benefits may be essential in pension cases. Options include:

• Naming a former spouse as survivor
• Negotiating survivor benefit premiums
• Evaluating whether survivor coverage is necessary or cost-effective

We help clients make informed decisions about how survivor benefits fit into their settlement strategy.

Common Challenges in Dividing Retirement Benefits

Dividing retirement accounts can be complicated, especially in cases involving:

• Incomplete or missing financial records
• Commingled premarital and marital funds
• Disputes over the date of separation
• Early retirement incentives or bonuses
• Disability pay intertwined with retirement benefits
• International pensions or out-of-state plans
• Self-employed retirement plans

Our attorneys work to identify and resolve these issues early, minimizing conflict and protecting your financial interests.

What to Do If Retirement Assets Are Part of Your Divorce

If your divorce involves retirement accounts, you can take steps to protect yourself:

• Gather all account statements and financial documents
• Avoid withdrawals or transfers until advised
• Document contributions and employment history
• Obtain benefit summaries from plan administrators
• Review whether survivor benefits or insurance is needed
• Discuss long-term tax implications with your attorney

Careful preparation ensures a more accurate and fair division of assets.

The Retirement and Pension Division Process in Florida

Although every case is different, the process typically includes the following steps.

Identifying and Classifying Assets

Determine which accounts are marital and which are non-marital.

Valuation

Account balances and pension valuations are reviewed to determine marital value.

Negotiation or Mediation

Parties negotiate how to divide accounts or offset retirement assets with other property.

Drafting QDROs or Similar Orders

Court-approved orders are created for eligible plans.

Court Approval and Implementation

Orders are submitted to the judge, then to the plan administrator, and the division is completed.

Comprehensive Orlando Family Law Practice

The Donna Hung Law Group handles all aspects of property division and financial matters in divorce, including:

• Retirement and pension division
• QDRO and DRO preparation
• High net worth divorce
• Business and asset valuation
• Alimony and long-term support
• Real estate and investment division
• Military divorce issues
• Post-judgment modification and enforcement

We offer skilled, strategic representation in even the most complex financial cases.

Orlando Family Courthouse Information

Retirement and pension division matters are handled through the Ninth Judicial Circuit Court of Florida.

Orange County Courthouse
425 N. Orange Avenue
Orlando, FL 32801
Phone: (407) 836-2000
Website: www.ninthcircuit.org

Cases may involve mediation or trial depending on disputes.

Orlando Retirement & Pension Division FAQs

Are retirement accounts always split 50/50 in Florida?

No. Florida divides marital assets equitably, which may be equal or unequal depending on circumstances.

Do I need a QDRO?

You need a QDRO for most employer-sponsored plans like 401(k)s and pensions.

What if part of my retirement was earned before marriage?

Only the marital portion is subject to division.

Can pension benefits be divided before retirement?

Yes. The court can determine each spouse’s share, which is paid when the benefit begins.

What happens if my spouse has a military pension?

It may be divided under federal law, and special rules apply.

Serving Throughout Orlando

• Baldwin Park
• College Park
• Lake Nona
• Winter Park
• Thornton Park
• Dr. Phillips
• MetroWest
• Hunters Creek
• Avalon Park
• Windermere
• Celebration
• Waterford Lakes
• Mills 50 District
• Audubon Park
• Conway
• South Eola
• Bay Hill
• Lake Como
• Lake Mary
• Vista Lakes

Orlando Retirement & Pension Division Lawyers Here for You When You Need Us

At the Donna Hung Law Group, we understand how vital retirement savings are to your long-term security. Our attorneys provide strategic, detail-driven representation to ensure your retirement and pension benefits are accurately valued and fairly divided. Whether your case involves simple accounts or complex pensions, we protect your financial future with skill and dedication.

Call the Donna Hung Law Group at 407-999-0099 to schedule a confidential consultation and discuss your retirement and pension division needs.