Investment Account and Retirement Account Division, Asset ProtectionWellesley Asset Protection Lawyer
Any money that accrues to your retirement fund or investment portfolio over the course of your marriage is subject to the division of marital property upon divorce. If you are contemplating divorce or are currently in the process of getting one, it’s important to understand the financial consequences involved and the legal options available to you. At Feldman Family Law, my office explores means for protecting more of my client’s assets and retirement funds, subject to the final terms of a divorce settlement. In many cases, a spouse can be convinced to exempt retirement earnings in exchange for rights to a house, certain investments, or other terms involved in a settlement. Alternatively, if you aren’t divorced but would like to protect your retirement earnings, I can propose different prenuptial and postnuptial agreement options for you to consider.
For more information regarding asset protection and the division of retirement accounts upon divorce, contact Feldman Family Law today.
Asset Protection and Negotiation
Even though every divorce is different, negotiation affords parties the opportunity to arrive at terms they find mutually agreeable -- rather than have a judge impose terms on them. As your attorney, I can propose settlement terms that may allow you to protect all or most of your retirement and investment assets from the division of marital property.
While the final terms will depend on what your ex-spouse agrees to, as an experienced negotiator and family law attorney, I understand what financial issues to emphasize and what can be done to exempt retirement assets from division.
Prenuptial and Postnuptial Agreements
Prenuptial and postnuptial agreements protect both parties in a marriage. Especially if you’ve been married previously and have children by your former husband or wife, a prenuptial or postnuptial agreement can protect your estate plan from legally difficulties during probate. Sometimes, a new spouse may try excluding children from a former marriage from any proceeds of the estate, absent a prenuptial agreement or a specific bequest in a will.
A prenuptial or postnuptial agreement can compliment your estate plan while also explicitly stating how retirement funds and investments are to be handled in the event of a divorce. My office drafts all necessary language, preparing any necessary paperwork and documentation.
Getting Started -- Contact David B. Feldman Today
If you’re not sure where to start when considering how to protect your retirement contributions and investments, contact Feldman Family Law today. I thoroughly review your situation and the options available to you so you have the information you need to make an informed decision about what’s best for you and your family.