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Showing posts from August, 2019

Respect the Team

One of the principles of collaborative law is a team approach to joint problem solving.  The team approach to joint problem solving has numerous advantages: We're smarter together: each team member brings a different background and expertise to the team.  As the saying goes, a jack of all trades is a master of none.  On a team, each person can be a master of their trade and rely on others for the knowledge they can't individually maintain.  In addition, as humans, professional team members sometimes make mistakes.  When we are open to feedback from other professionals, there is a greater chance that mistakes are minimized and corrected, ultimately offering a better service or product to the clients. We're better together : each team member brings different experiences to problem solving.  Our experiences shape our ability to empathize and be creative in problem solving.  Having different experiences at the table increases the likelihood of spotting biases that coul

When Dividing Retirement Accounts in Divorce the Division Date Matters

There are a number of questions that must be answered when dividing a retirement account in a divorce.  Divorcing couples are often focused specifically on the amount or percentage of the account funds that they are dividing.  It is also important, though, to identify the date of that division, and whether investment changes are included or not.  This information is necessary because dividing a retirement account is not as immediate as dividing a liquid asset. Dividing a retirement account in divorce requires a special court order (usually called a Qualified Domestic Relations Order or QDRO) .  The process of obtaining and implementing one of these orders is not immediate, and requires approval by both the court and the plan's administrator.  During this time, the account will change value.  Accounts change in value due to market fluctuations, but also due to withdrawals, loans, and ongoing contributions.  All of these changes can create havoc with a division if a clear date o