Retirement Assets
Division of retirement accounts, pensions, and benefits in divorce.
Posts
Are Stock Options Marital Property in Georgia?
Georgia treats stock options as marital property only to the extent the marriage produced them, so options that straddle the wedding date are sorted out.
Read MoreDividing an IRA in a Georgia Divorce
A Georgia court divides only the part of an IRA the marriage produced, and a specific divorce waiver can end an ex-spouse's claim as beneficiary.
Read MoreERISA Plans and Benefit Waivers in Georgia
An ERISA plan pays according to its plan documents unless a QDRO says otherwise, but a Georgia court can still hear a claim that the person paid waived it.
Read MoreIs Retirement Marital Property in Georgia?
Retirement benefits earned during a Georgia marriage are marital property, vested or not, while the part earned before the wedding stays separate.
Read MoreIs Social Security Divided in a Georgia Divorce?
Social Security is not marital property in a Georgia divorce, and neither is Tier I railroad retirement, though a court can count Tier I as income for alimony.
Read MoreMilitary Retirement in a Georgia Divorce
Georgia courts can divide military retired pay earned during the marriage, but the decree must set the share, and VA disability pay stays out of the division.
Read MoreSurvivor Benefit Plans in a Georgia Divorce
Spell out a survivor annuity on a military or federal pension in the Georgia decree and file the federal paperwork in time, or a former spouse can lose it.
Read More