Dividing Pensions in Divorce: Negotiating and Drafting Safe Settlements
with QDROs and Present Values provides an expert chronological
analysis on every important issue regarding Qualified Domestic Relations
Orders and present values. Don't lose thousands of dollars in assets by being
fooled by incomplete and inaccurate pension present values - Dividing
Pensions in Divorce will help you:
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Understand complex present value issues
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Draft airtight QDROs that maximize your clients’ property rights
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Prepare for trial with detailed guidance on a host of commonly litigated issues
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And more!
Written by Gary Shulman, David Kelley and Daniel Kelley,
nationally recognized pension experts with more than 60 years of combined
pension and actuarial experience, Dividing Pensions in Divorce
delivers proven techniques and strategies the authors have honed in drafting
and reviewing over 100,000 QDROs and 80,000 present values.
Benefit from their experience with:
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Clear, straightforward explanations of over 300 points of law, including
disability pensions, the role of Social Security in dividing pensions,
survivorship rights, early retirement subsidies, the coverture formula, and
more
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Winning strategies for complying with even the most complex legal, regulatory,
and legislative requirements
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State-of-the-art model QDROs you can easily adapt to your own cases
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Step-by-step analysis of how a present value is calculated
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Case studies, attorney's checklists, and sample questions for opposing experts
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And much more!
Dividing Pensions in Divorce protects you with specific advice
organized chronologically from the first client interview, through the
discovery process and the preparation and drafting of the settlement
agreements, QDROs and present values.The authors provide you with precise
language, model forms and letters as well as the best (and time-tested) model
QDROs in the business.
Dividing Pensions in Divorce will give you the confidence to
handle any challenging pension issue. It will soon be second-nature for you to:
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Craft a safe settlement agreement for your client that secures your client's
pension benefit entitlements
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Argue the major pension and 401(k) issues so that your negotiations are
convincing to the other side - and the court - as reasonable, fact and
standard-based conclusions
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Understand and draft the critical language that should be included in every
separation agreement
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Demystify the world of QDROs by reviewing the seven essential areas every QDRO
must address
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And much more!
View the Highlights for this title.
Part I: Analyzing and Planning
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Overview of Dividing Pensions and 401(k)s
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Meeting Your Client
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Discovering the Retirement Benefits
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Selecting the Right Vehicle to Divide Retirement Benefits
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Determining the Marital Portion of a Pension
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Tracing the Marital Portion of a 401(k)
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Securing Income for Life with Survivorship
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Determining Retirement Subsidies, Supplements and COLA
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Unraveling Disability Pensions
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Computing Pension Present Values
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Avoiding Malpractice in Present Values
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Dividing Social Security
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Choosing Between QDRO and Offsetting Assets
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Separate Interest v. Shared Payment QDROs
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Reducing Assets for Taxes
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Drafting the Separation Agreement
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Drafting a "Proper" QDRO for Pensions and 401(k)s
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Avoiding QDRO Malpractice Traps
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Handling the Executive Divorce
Part II: Discussing a Settlement
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Preparing Your Client for the Settlement Conference
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Conducting the Settlement Conference
Part III: Drafting the Orders
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Dealing With the Plan Administrator
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Dividing Military Pensions
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Dividing Civil Service Pensions
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Dividing Railroad Pensions
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Dividing State Government Plans
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Drafting QDROs for Cash Balance Plans
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Drafting QDROs to Collect Past-Due Child Support
Part IV: Litigating the Case
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Understanding Actuarial Statistics
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Litigating Present Values
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Litigating the QDRO
Automatic Supplementation
