There are golden nuggets every attorney must know when dividing retirement plans in divorce. Whether the retirement order is outsourced, or provided by the divorce attorney, the divorce attorney is responsible that the order not only gets done, but that it qualifies with the retirement plan.
First, determine what rules govern the particular plan. Defined benefit plans (pensions) and defined contribution plans (e.g. 401k) are governed by ERISA, and the particular plan’s rules. State plans are governed by the particular state law. And civil and military federal plans are governed by the particular federal law.
