Skip to content 
Navigating post-divorce life can be challenging, particularly when it comes to reevaluating your retirement savings. This article provides valuable insights on how to effectively manage your retirement funds, ensuring financial stability and peace of mind as you move forward. Explore practical strategies for optimizing your retirement savings, designed specifically for individuals adjusting to life after divorce, helping you secure a solid financial future.
Post-Divorce Retirement Savings: An Overview
Depending on your goals for retirement savings and the circumstances that you find yourself in, you may be in a position where you will want to deviate somewhat from what I will discuss with you today. However, I believe that a great deal of what I am going to tell you about will be helpful for you as you.
Keep in mind that there are two types of retirement plans. The first is a defined contribution plan, which most of us think of when we consider a general “retirement plan” in our minds. Your employer sponsors this type of plan, providing you with an individualized account in your name. Both you and your employer can make contributions to this account. Individual Retirement Accounts (IRA), 401(k) accounts, and 403(b) accounts are the most common types of these defined contribution plans.
Depending on whether the accounts are ‘after-tax’ or ‘pre-tax,’ you may not face immediate taxation on your contributions. In cases of deferred taxes, you will pay taxes on withdrawals based on the future income tax percentage applicable to you. The earliest age for withdrawing from these plans is 59 ½. Annual contribution limits also apply to each of these accounts.
How a Roth IRA May Make Sense for You as a Retirement Savings Vehicle
A Roth IRA is a type of defined contribution plan. Whereas a non-Roth IRA allows you to invest pre-tax dollars through a deduction on your income taxes, a Roth IRA sees you pay your taxes now rather than later once you reach retirement age. If you are a relatively young person, you can expect that the vast majority of the money in your account at retirement age will be growth. That means you could have paid taxes only on the relatively small amount of money that you invested in the fund while the change has all been made on a tax-free basis.
Defined Benefit Plans: A Deep Dive into Pensions
As opposed to defined contribution plans, a defined benefit plan is commonly referred to as a pension plan. It operates differently from retirement accounts that we detailed in the previous sections. A defined benefit plan calculates benefits for individual participants based on a formula that measures your lifetime monthly payments. Factors like how much you’ve paid and how long you’ve worked for an employer are relevant to consider.
The payout of this plan type varies based on your contribution amount, the investments’ nature, and their performance over the years. As a retiree, you can choose to receive payments as an annuity, ensuring a regular, specific amount until your death.
Grants that deliver benefits to your spouse or ex-spouse are also available in many plans like this. Each month’s single payment plan yields a higher payment, as the funds need not extend potentially beyond your lifespan.
Dividing Retirement Plans in a Divorce
Dividing retirement plans in a divorce, from my perspective as a family law attorney, often stands out as one of the more complex tasks. Initially, you must value the accounts. This process is straightforward for defined contribution plans, but for defined benefit plans, you need to contact the plan administrator for a value statement, as it’s not a straightforward dollar figure.
It’s important to remember that community property rules are in effect here. You must calculate contributions made before marriage. Then, you need to decide how to divide the account between you and your spouse, if at all.
Valuing Retirement Accounts in Divorce: Defined Contribution and Benefit Plans
As we delve into the complexities of dividing retirement assets during a divorce, it becomes evident that the valuation process varies significantly between defined contribution plans and defined benefit plans. This section offers a comprehensive analysis of these differences and provides guidance on navigating these challenges.
Defined Contribution Plans: Clarity in Valuation
Defined contribution plans, like 401(k)s and IRAs, present a more straightforward valuation process. The balance can be easily determined from an account statement, reflecting a clear market value. This transparency simplifies the division process, allowing attorneys to distribute these assets with precision, either as a fixed amount or a percentage. However, it is crucial to monitor any value changes between the division date and the actual distribution to ensure fairness.
Defined Benefit Plans: A More Complex Scenario
In contrast, defined benefit plans, typically known as pensions, require a more nuanced approach. Their value hinges on future income streams and various factors like age and work tenure, complicating immediate valuation. With these plans, the payout is generally structured as a future income stream rather than a lump sum, making it challenging to equitably divide in the present.
The age factor plays a pivotal role, especially if one spouse starts drawing benefits early, potentially reducing the monthly benefits for the other spouse. In such cases, it might be advantageous to negotiate for alternative assets instead of a stake in the pension plan. This strategy can provide more immediate and tangible financial security post-divorce.
Hire an Expert to Value the Defined Benefit Plan
You and your attorney should discuss the possibility of whether or not to hire an expert witness to value the defined benefit plan to make sure that you are receiving an asset that is equal to the value of the pension plan or as close to equal as you can get. This is not an exact science, even for an expert, and you should not necessarily enter into the process with that sort of expectation.
Final Thoughts
In conclusion, managing retirement savings post-divorce requires thoughtful planning and an understanding of the specific challenges you may face. By familiarizing yourself with the intricacies of defined benefit and contribution plans, and considering how divorce affects your financial future, you can make informed decisions that ensure a stable and comfortable retirement. Remember, this process isn’t just about asset division—it’s about rethinking your financial strategy to secure long-term security and peace of mind for your future.
Questions about retirement and divorce? Contact the Law Office of Bryan Fagan, PLLC
Did you know that divorce among people nearing retirement age is on the rise in the United States? Whether you are just starting in the working world or are close to retirement, you should know how a divorce could affect your post-work finances. The law office of Bryan Fagan, PLLC, strives to provide you with information to help you make better, more informed decisions to benefit you and your family.
If you have any questions about the material you read today, please consider contacting our office. We would be happy to meet with you in a free-of-charge consultation with one of our licensed family law attorneys.
Other Related Articles:
- Handling Military Retirement Intelligently During Your Texas Divorce
- Splitting a Texas Teacher Retirement Account
- Retirement Plan Division – The Details
- Splitting a Texas State Employee’s Retirement Account
- How does a divorce later in life impact retirement?
- Dividing retirement savings for tech company employees in a divorce
- Divorce and Your Retirement Savings
- Homeownership After Divorce and a Guide to Retirement Savings
- Will My Spouse Get Part of My Retirement in Our Texas Divorce?
- Splitting a Police Officer Retirement Account
