Why Retirement Equalization Is a Shortcut to Disaster
Here’s the truth: equalizing different types of retirement plans leads to unfairness, complexity, and, ironically, higher costs. A Common Scenario Let’s stop pretending that a 401(k) and a Roth IRA are interchangeable. Spoiler: they aren’t. One party keeps $100,000 in a 401(k), while the other gets $80,000 in a Roth IRA and $20,000 from the […]
Why Equalizing Retirement Plans is Still a Mess—Even When You Follow the “Rules”
Here’s the hard truth: if you must equalize, you’re stepping into a minefield. Even with guidelines, it’s messy, time-consuming, and rarely fair. But, if you have to do it, let’s talk specifics. Rule #1: Never Equalize a 401(k) with Another Plan If contributions were made after the cutoff date, equalizing a 401(k) with any other […]
Divorce Attorneys! You Fall Into This ‘Marital Share’ Settlement Trap… And Don’t Even Know It.
The shift from traditional pensions to retirement “savings” plans (401Ks, IRAs, 403Bs, etc.) demands a new diligence in retirement division. Unlike pensions, these accounts require detailed tracing to separate marital contributions from non-marital money—a task many divorce practitioners overlook, sticking to outdated pension strategies. ❌ The ‘Marital Share’ Trap Agreements often mention “marital share” for […]
We Are Not the McDonalds of QDROs
Divorce Attorneys: If You Seek Precision Over Fast Food Fixes, We’re Your Team. If Not, We May Not Align. I hope this finds you well. As many of you know, the journey we’ve embarked on together over the years at TOVA has been one of passion and dedication to redefining how divorce practitioners handle retirement […]