Divorce is often a challenging process, especially when it comes to dividing complex assets like retirement accounts. For many Floridians, the Florida Retirement System (FRS) represents a significant portion of their financial future. Understanding how FRS benefits are treated during a divorce is crucial for achieving a fair resolution.
At Borntreger Law, we recognize the importance of ensuring equitable asset division and protecting our clients’ financial stability. This guide breaks down the essential aspects of dividing FRS benefits during a divorce, the legal considerations involved, and how to safeguard your rights.
The Florida Retirement System is one of the largest public retirement systems in the United States, serving over one million participants, including state employees, teachers, and other public service workers. It offers two main types of retirement plans:
These benefits are considered marital assets in Florida, meaning they are subject to division during a divorce if earned during the marriage.
Under Florida law, marital assets are divided equitably, which doesn’t necessarily mean equally. When it comes to FRS benefits, the portion of the retirement accrued during the marriage is considered a marital asset. Here’s an overview of how these benefits are typically divided:
The marital portion is calculated based on the time the employee spouse participated in the FRS while married. Contributions made before or after the marriage are generally considered non-marital assets.
A QDRO is a legal order required to divide retirement benefits. While the FRS Pension Plan doesn’t typically require a QDRO, it does require a Domestic Relations Order (DRO). The FRS Investment Plan, however, does require a QDRO. This distinction is vital for ensuring the proper division of benefits.
The Deferred Retirement Option Program (DROP) allows employees to defer their retirement benefits into an account while continuing to work. DROP accounts accumulated during the marriage are also considered marital property and must be addressed in the divorce settlement.
Dividing FRS benefits requires careful planning and attention to detail. Here are the essential steps:
Ensure all retirement accounts, including FRS benefits, DROP accounts, and other private retirement savings, are disclosed during the divorce process.
Calculating the value of FRS benefits can be complex. Financial professionals can help determine the present value of the marital portion, ensuring a fair division.
For FRS Pension Plan benefits, a properly drafted DRO is necessary. This document must comply with FRS rules and Florida law to ensure it is accepted.
Once the court approves the DRO or QDRO, the benefits can be divided according to the terms outlined in the divorce agreement.
Dividing FRS benefits involves unique challenges. Here are some important considerations:
Dividing retirement benefits can trigger tax consequences. Consult a tax professional to understand how the division will affect your financial situation.
If the employee spouse elects survivor benefits for the former spouse, it may reduce their monthly retirement income. Addressing survivor benefits in the divorce agreement is essential.
Changes in employment or retirement status can affect FRS benefits. Ensure your divorce agreement accounts for potential modifications.
Navigating the division of FRS benefits requires legal and financial expertise. At Borntreger Law, we’re committed to protecting our clients’ rights and ensuring fair outcomes. Here’s how we can help:
We thoroughly evaluate all marital assets, including FRS benefits, to ensure nothing is overlooked.
Every divorce is unique. We tailor our strategies to your specific situation, prioritizing your financial security.
We work closely with financial professionals and other experts to provide a clear picture of the marital estate and division process.
Understanding retirement and divorce can be overwhelming. These resources offer valuable insights:
Dividing Florida Retirement System benefits during a divorce requires a nuanced understanding of state laws and financial complexities. With the right legal support, you can ensure a fair division that protects your financial future.
At Borntreger Law, we’re here to guide you through every step of the process. Contact us today to schedule a consultation and take the first step toward securing your future.
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