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Property Division Archives

What to do about a 401(k) in a divorce

A New Jersey couple going through a divorce may need to split a 401(k) account. To do this, either the couple or a judge will need to decide how the funds will be allocated. The division may not necessarily be 50/50. Next, the couple will need a document called a qualified domestic relations order. This allows a distribution to be made from the plan following divorce without incurring a penalty. However, the people need to be younger than 59.5 and the QDRO must be forwarded to a plan administrator for approval.

What to consider when keeping the family home after a divorce

Determining whether or not to keep the family home can be one of the biggest decisions a former New Jersey couple may have to make during a divorce. While many former spouses want to keep the family home, especially if there are children involved, there are a few factors that the former couple should consider before making a final decision.

What happens to a couple’s frozen embryos in a divorce?

As technology advances, couples are increasingly turning to alternative methods of procreation. Some couples pursue the path of embryo cryopreservation—a process by which an egg is fertilized through in vitro fertilization (IVF) and then frozen. The embryo can then be brought to term whenever the couple decides they’re ready to have a child.

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To schedule a consultation, call LaRocca Hornik Rosen Patti & Crupi LLC, at 732-246-2112 or contact us online. We serve clients in Monmouth County, Ocean County, Middlesex County, and central New Jersey from offices in Freehold and Red Bank.

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