Skip to Content
Schedule a Consultation: 443-331-2770
Top

Does Your Spouse Have Rights To Deferred Compensation After Divorce?

finances
|

Planning for the future is essential because we all age and will need financial security in our later years. Deferred compensation encompasses the value of assets set aside from immediate payment, allowing them to accumulate and be used in the future, often for retirement. Various vehicles exist for holding deferred compensation, with retirement accounts being the most common.

When facing a divorce, financial considerations inevitably take center stage. This can include concerns about the fate of your deferred compensation and whether you will have to divide it with your ex-spouse as part of the final divorce decree. Consulting with a Maryland and D.C. marital asset division attorney at the Law Office of Thomas Stahl can help you navigate the complex financial decisions that arise during divorce and help you achieve the most favorable outcome.

Preserving Your Deferred Compensation in Divorce

Divorce is often a challenging and emotionally charged process, and making the right choices for the best long-term outcomes can be daunting without proper guidance. With so much at stake, seeking the assistance of an experienced family law attorney can be crucial in protecting your financial interests and achieving your personal objectives. The most appropriate legal strategies for safeguarding your assets are rarely straightforward and vary depending on your unique circumstances.

While deferred compensation typically refers to retirement accounts, other assets and types of compensation can also fall under this category, including:

  • Stock options
  • Stocks
  • Severance agreements
  • Compensation packages

Many deferred compensation vehicles are designed to be long-term investments, allowing them to grow significantly over time. The prospect of interrupting that growth, liquidating assets, incurring potential financial penalties, and dividing the proceeds can be unsettling, even for the most financially savvy individuals.

In general, deferred compensation earned during the marriage is considered marital property in Maryland and D.C. As a result, the value of any deferred compensation you or your spouse acquired during the marriage must be disclosed and factored into the property division process.

However, if you earned deferred compensation before your marriage and did not contribute to it during the marriage, you may be able to retain it entirely as separate property.

There are various legal strategies available to help you preserve your valuable deferred compensation in a divorce. For example, you might be able to keep your deferred compensation account intact by offsetting its value with other marital assets. Alternatively, a Qualified Domestic Relations Order (QDRO) can be utilized to divide the deferred compensation account in a tax-efficient manner, allowing for the transfer of a portion of the account to your ex-spouse without incurring immediate tax consequences.

Given the complexities involved in dividing assets in high-net-worth divorces, working with an experienced family law attorney is highly recommended. They can help you understand your options, negotiate with your spouse or their attorney,and advocate for your financial interests in court if necessary.

Maryland And D.C. Family Law Attorneys

If you are facing a divorce and have concerns about protecting your deferred compensation or other marital assets, contact the seasoned and experienced Maryland and D.C. family lawyers at The Law Offices of Thomas Stahl. Our team of skilled divorce attorneys and family law professionals has the knowledge and expertise you need to navigate the complexities of property division and achieve the best possible outcome for your financial future. We have a proven track record of success in handling a wide range of family law matters in both Maryland and the District of Columbia.

Schedule a consultation today or call us at (443) 331-2770. We have conveniently located offices in Columbia, MD, and Washington, D.C.