Domestic Relations Orders are commonly used to divide certain retirement assets following a party’s divorce. Domestic Relations Orders can also be used to liquidate a retirement account so to pay alimony or child support arrears. In accord with the law, specifically the state court decision of Mallory as well as federal law, one former spouse has the ability to divide the other’s retirement accounts if the other has failed to pay alimony or child support in full and has accumulated arrears. This ensures that there is an avenue available to collect the support one party is entitled to if the other party is not meeting their support responsibility. The ability to do this provides an important tool in an attorney’s tool box to ensure payment on obligations due.
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