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Monthly Member Meeting | Distributing Retirement Benefits in Divorce

Virtual Event Virtual Event

March 15 @ 12:00 pm 1:30 pm EDT

Approved for 1 General CLE by Florida Bar

When parties divorce, their marital agreement or divorce decree will most likely provide support and divide assets. When real property that is jointly titled is divided, a deed would usually be required in order to enforce the distribution of that property. Likewise, when enforcing the distribution (splitting) of retirement assets pursuant to a divorce, a separate order is required. The type of order depends on the type of retirement, employer, and whether the plan is “qualified.”

This presentation will discuss

  • The different sources and types of retirement accounts for which a separate order would be required
  • The specific type/name of order required
  • The effects of language in a marital settlement agreement and/or final decree on the subsequent retirement division order
  • The process of drafting, preapproval, court process, final approval, and distribution.

The proper drafting of these orders will ensure that your client receives what they were awarded in their agreement or divorce decree.

DULCE B. FAZEL is the owner of DULCE B. FAZEL, P.A. Her primary location was NE Florida; but through technology, her practice has now spread throughout the entire state. Ms. Fazel’s primary practice was family and civil litigation and includes a sub-specialty in the drafting of Qualified Domestic Relations Orders (QDROs), military pension division orders, federal civilian pension division orders, and state/municipal pension division orders. When not doing QDROs, she assists attorneys in appeals as well as case management, mediation, and trial preparation.

Ms. Fazel received her undergraduate degree from the University of North Florida, earning a BBA in Finance (corporate track) and her J.D., with Honors, from Florida Coastal School of Law. She has been a practicing attorney for 18 years and was a paralegal for 18 years prior to that. She is a member of The Florida Bar Family Law Section and the Appellate Section as well as the Middle District of Florida federal bar.

Fun fact: Ms. Fazel was on the legal team of Merrill Lynch Credit Corporation, a wholly-owned subsidiary of Merrill Lynch when it issued its first mortgage-backed security (REMIC) back in 1995. The security included mortgages from Donald Trump and Burt Reynolds.

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