My favorite thing in life is to help others! I love solving problems and helping put people on a better path. I can help you get the best retirement plan division in your divorce by litigating issues surrounding the division of these assets, testifying as your expert in the area of retirement plan division or simply drafting the orders you need to get it done. My staff and I will work hard to help you achieve the best results!
- Cynthia Petersen
During these uncertain days, sometimes you just need to reach out and ask a question. Sometimes you need your legal problem resolved. Call and we can tackle your challenges together.
We make every effort to keep our clients and our staff safe! Our firm offers in-person, Zoom, phone or Facetime consultations and meetings. Just let us know what you prefer! We are here for you!
Buying or selling your home? Right now is a great time to get that home on the market! You may be at home wondering what to do with your time. Pack and clean and put that house on the market! When you have a contract to sell - or if you find the right home for you, I can help you finalize that sale!
Need to create or update your Will, Power of Attorney or Health Care Power of Attorney? Call me today - now is a great time to do just that!
Your wedding may be postponed - so now is the time to get that pre-nuptial agreement in place to protect your assets! I can help with that. Did you know that the closer the wedding date to the date this is signed can hurt you if you later get divorced? "Coercion" is the most often used defense to have these agreements considered void in a divorce. The spouse will say, "He told me he wouldn't marry me if I didn't sign." When all of the invitations are sent and money spent on the event, this defense is stronger. So don't wait until the last minute!
Often, attorneys do not understand the ins and outs of their clients' retirement plans and that can lead to poor negotiation and bad results for you. One thing you and your attorney need to consider when negotiating and drafting your settlement:
Your attorney can draft the settlement agreement to allow for you to get 50% of the marital portion of the pension your spouse accrued during the period of your marriage. BUT - the right formula for determining the "marital portion" needs to be used - the formula is called the "Hunt Formula" and should be stated as:
"the product of the benefit accrued by the Participant under the Plan as of the earlier of the benefit commencement date of the Participant or the benefit commencement date of the Alternate Payee, multiplied by a fraction not greater than (1.0), the numerator of which is the number of Pension Credits earned by the Participant during the marriage and the denominator of which is all Pension Credits earned by the Participant through the earlier of the date of his retirement or the date the Alternate Payee elects to receive benefits in accordance with the terms of the Plan."