Who Prepares a QDRO?

QDROs are not neutral decrees. Each party should have their own attorney to prepare or review the document. This way each party has a legal professional who will look after their best interests. At the same time, it is important to choose an attorney who has extensive experience working with QDRO’s. Your attorney should have a deep understanding of asset division. Mistakes and omissions can be financially detrimental to either or both parties. For example, if you or your spouse have a pension plan, it’s best to seek advice from an attorney who can prepare a QDRO that meets the plan requirements and contains favorable terms that meet your interests. After everything is done, the alternate payee is informed as to how and when benefits will be given. Many pension plan benefits are tax deferred, and taxes are paid as monthly payments are received. Some plans offer options to roll over the benefits into an IRA and are tax deferred until retirement age. To discuss your issue, please contact David M. Gabriel and Associates to set a consultation.

Read More »

Qualified Domestic Relations Order (QDRO)

In Massachusetts, when a divorce occurs, retirement assets typically fall into two categories: (1) assets acquired before the marriage; or (2) assets acquired during the marriage. In shorter term marriages assets may not be subject to division, however retirement funds acquired during the marriage are generally subject to division and treated as a marital asset. There are no hard and fast rules regarding the division of retirement funds, however, and a skilled divorce attorney may be able to argue to a judge to depart from the conventional wisdom depending on the facts of a particular case. Retirement funds may require a special court order to divide them pursuant to a divorce. If so, the court will issue a Qualified Domestic Relations Order (“QDRO”) to divide the asset. The QDRO is usually prepared by the parties with the assistance of an actuary. Prior to completion the QDRO is reviewed by the retirement plan administrator. Upon completion of the review process the QDRO is submitted to the judge assigned to the case for court approval and returned to the parties for submission to the plan administrator, who implements the terms of the QDRO. Attorney David M. Gabriel and his team of lawyers works with experienced retirement and pension appraisers, in order to determine the value of the retirement assets in question, including current values, past values, projected values based upon retirement age and coverture values. Coverture value is legal term used to describe the value of an asset and its proportionate increase

Read More »

What does rehabilitative alimony mean?

As its name may suggest, rehabilitative alimony is when one spouse makes payments to the other in order to help the receiving spouse get back on his or her feet after divorce. Its main purpose is to help the receiving spouse become employable and self-sufficient. Rehabilitative alimony is awarded for a predetermined amount of time after which the payments will cease. Rehabilitative alimony may be awarded without regard to how long the marriage lasted, but a judge will look at the length of the marriage when making a determination. Five years is the longest period a spouse can receive this kind of spousal support. In many cases a judge may award rehabilitative alimony when one spouse has been absent from the Massachusetts workforce for a long time. Other times, it may be awarded if a spouse is overcoming an injury or illness and needs financial assistance while recovering. The amount of rehabilitative alimony may undergo changes if the paying spouse loses a job or if one spouse experiences a significant change in income. If certain circumstances mandate the need, a judge may consider extending rehabilitative alimony. These circumstances include: — An unexpected event that delays the receiving spouse’s self-sufficiency — The receiving spouse has made every effort to become self-sufficient but is still experiencing hardships — And, the paying spouse will not suffer financial hardships from an alimony extension In many situations, rehabilitative alimony is good for both spouses. However, any time spousal support is an issue it is a

Read More »

Things you should know before a divorce

One of the biggest complaints that people in Massachusetts have after a divorce is that they simply didn’t know enough in advance. Everything can be very stressful if you feel blindsided all of the time, and you may end up with an agreement that does not give you what you’re after. Below are a few things you need to know beforehand: 1. The real value of your property. Remember that values for many things—like homes or cars—could have changed dramatically since you bought them. 2. What you want to do with your home. You and your spouse have to decide if you’ll get it, if he or she gets it, or if it’ll be sold so that the money can be split up. Knowing this in advance helps you plan for the future and find a place to live. 3. What your expenses will look like after the split. People often forget about things like utilities, which they’re used to splitting, and they’re shocked by the cost of paying them on their own. Remember that the overall cost goes up when you both pay separately. 4. How each decision plays into the next. For example, one woman hadn’t properly calculated what her expenses would look like, so she thought she had an affordable home. It turned out to be more than she could afford, though, and she was forced to sell and move after the split. Don’t go into a divorce without as much information as you can possibly gather.

Read More »

Being overtired can cause deadly accidents

When people consistently do not get proper sleep, their physical and cognitive performances slip. This is especially apparent behind the wheel of a vehicle as sleepiness slows reaction times. Although it is difficult to count precisely the number of car accidents in Massachusetts caused by drowsy drivers because it cannot be tested for like alcohol or drug use, the National Highway Traffic Safety Administration (NTSB) attributes thousands of crashes a year to it. These types of crashes tend to be very serious because the driver was unable to respond, unlike other situations in which conscious drivers attempt to avoid collisions. Also, accidents on high-speed roads, such as highways like Route 128, 93 or 90, where people often travel long distances have a likelihood of resulting in a drowsy driver. When a person is injured in a car accident, he or she could miss work, incur high medical bills and, in the worst situations, suffer permanent disability. If the negligence of another driver caused the accident, then the injured person might be able to win compensation with a personal injury lawsuit. Speaking with David M. Gabriel & Associates could help a person learn about the damages he or she might be able to recover. Attorney Gabriel might also be able to identify evidence of negligence in an accident investigation that would support a lawsuit.

Read More »

Stop yourself from driving distracted

One of the biggest dangers on Massachusetts roads today is distracted driving. With so many things competing for a driver’s attention, it’s no surprise distracted driving accidents are on the rise throughout the U.S. As states pass laws to curb dangerous driving behavior, safer choices behind the wheel can prevent distracted accidents from ever happening. According to a joint study by the National Highway Traffic Safety Administration (NHTSA) the most common cause of accidents was due to cell phone use. To protect yourself and others, take the following steps provided by the Governors Highway Safety Administration (GHSA): Turn it off. Cell phones are at the top of the distraction list, taking a driver’s eyes, hands, and attention away from the road. Before starting the car, turn your cell phone off or switch it to silent mode. Prepare before you go. If you are traveling to a new location, be sure to review the directions beforehand to have a clearer idea of where you are headed, even if you use a GPS device. Focus on driving. No matter how many years of driving experience you may have, it is never a good idea to multi-task behind the wheel. Avoid texting, drinking, eating, grooming, or smoking until you’ve reached your destination. Many families in Massachusetts have lost loved ones in auto accidents that could have been avoided if the other driver had simply paid attention to the road. If you have been injured or lost someone you care about in a distracted

Read More »

Real estate holdings can impact property division

When you have amassed considerable assets, the last thing that you want is to lose those assets if you get divorced. In a high-asset divorce, there are many factors that come into the picture when it is time to divvy up the assets. If you are facing a divorce and have real estate assets, there are some special considerations that you have to take into account. One of the top priorities is that you need to have the properties assessed. This is done by a Realtor and will give you an estimate of what the property is worth. Once you know that information, you can determine the actual value of the property by subtracting any loans that include the property as security. We know that many people are still trying to recover from the financial crisis that occurred. This means that some people might have properties that are in distress or have negative equity. We can help you to determine how those properties should be handled during the property division process. Once we know the value of the properties, we can determine how the property should be classified. This can involve looking into when the property was acquired, as well as how the expenses for the property were handled. It can also include the terms of a premarital agreement if there is one in your case. We also have to consider other assets that you own. We also must consider debts. Once we have all the financial information, we can

Read More »

Who needs a Qualified Domestic Relations Order?

If you are divorcing your spouse, one term that you might encounter is Qualified Domestic Relations Order. Known as QDROs, these are decrees, orders or judgments for retirement plans to pay spousal or child support, or convey marital property rights to another person. To be valid, a QDRO has to contain very specific details, including: — Names of the plan participant and every alternate payee, along with their mailing address — The percentage or amount of benefits to be paid from the participant’s plan to the alternate payee(s) There are restrictions on QDROs as well, as none may award benefits or amounts that are unavailable under the provisions of the participant’s plan. When QDRO distributions are paid to minors or other dependents, the plan participant is the one with the tax liability. There are also ways to rollover all or portions of distributions from QDROs to make them tax-free. Your family law attorney is a good source to bring you up to speed on all that you need to know about Qualified Domestic Relations Orders. Make sure that you investigate these possible sources of income during divorce negotiations, as a regular divorce judgment will not be sufficient for you to receive any funds or distributions from the pension plan of your soon-to-be ex-spouse. Some divorcing spouses in Salem who both have pensions will agree to waive the right to each other’s benefits. In other circumstances, such as when one spouse wants to retain the marital home, he or she will

Read More »