WEBVTT

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How do we make a divorce

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property settlement binding?

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Follow your state’s agreement

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and court rules, then complete

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any retirement orders and asset

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transfers.

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A signature alone may not

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finish the job.

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Start by separating three

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things:

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your written agreement, the

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court’s final orders, and the

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steps needed to transfer each

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asset.

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State law determines when an

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agreement is binding and how it

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becomes part of a divorce

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judgment.

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A private contract and a court

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order can have different

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enforcement rules.

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Do not assume that signing,

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notarizing or filing a document

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means the judge has approved

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it.

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Ask which steps your state

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requires, and keep a copy of

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what the court actually enters.

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Make each obligation clear:

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identify the assets and debts,

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who receives or pays each one,

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any payment amount, and who

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must complete each transfer by

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what date.

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Include retirement accounts

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rather than leaving them for

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later.

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Check the financial

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disclosures, signatures and

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other formalities required in

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your case.

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Get independent legal advice

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before giving up rights or

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signing terms you do not

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understand.

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A template can miss an

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important asset, deadline or

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protection.

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For example, California’s

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agreed-divorce process requires

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final court forms and the

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signed agreement, with the

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required disclosure steps

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addressed.

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The judge must finish the court

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process;

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the agreement alone does not

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end the marriage.

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Other states use different

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procedures and may use terms

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such as consent judgment or

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decree.

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Check the correct route for

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your case, any local

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requirements, and whether the

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final orders actually cover the

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agreed property terms.

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For a workplace retirement plan

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covered by federal retirement

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law, dividing benefits usually

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requires a qualified domestic

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relations order.

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This tells the plan what share

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goes to the former spouse or

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another permitted recipient.

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A private settlement by itself

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is not enough.

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The qualifying provisions can

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be included in the divorce

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decree or in a separate order.

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The plan administrator

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initially decides whether the

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order meets the federal

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requirements.

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Calling a document qualified

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does not make it so.

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Contact each plan administrator

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early.

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Ask for the plan documents,

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benefit statements and written

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procedures, and whether a draft

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can be checked before it goes

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to court.

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Address the share, valuation

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date, investment changes,

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payment timing, fees and

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survivor benefits where

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relevant.

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After the court signs the

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order, send it to the plan

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through its required process.

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Get written confirmation that

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it is qualified.

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If the plan rejects it, obtain

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the reasons and arrange prompt

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correction and resubmission.

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Do not treat every retirement

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account alike.

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An individual retirement

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account follows different

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divorce-transfer rules.

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Ask the custodian how to carry

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out the transfer under the

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divorce documents, rather than

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withdrawing money and paying it

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to your former spouse.

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That withdrawal can trigger tax

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and possibly an early

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distribution penalty.

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Government retirement plans and

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many church plans are generally

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outside the federal

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workplace-plan rules discussed

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here.

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Contact the particular plan

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about its own requirements.

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Giving a debt to one spouse in

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your settlement does not

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automatically release the other

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borrower from the lender’s

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contract.

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Removing your name from a

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property title does not remove

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it from the mortgage.

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Confirm any required lender

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release,

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refinance or other arrangement,

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and get advice if it cannot be

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completed.

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Get tax advice before selling,

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transferring or cashing out

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assets.

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A divorce-related transfer and

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a sale or withdrawal do not

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necessarily receive the same

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tax treatment.

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Keep a completion checklist:

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the signed agreement, entered

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court orders, retirement-plan

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acceptance, transfer records

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and any lender confirmation.

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Assign responsibility for each

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remaining task and check

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progress until it is done.

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Do not assume every missing

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property issue can be fixed

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after the divorce.

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Some states can cut off claims

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when the divorce becomes final.

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If a deadline is close, someone

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will not cooperate, or an asset

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was omitted, get state-specific

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legal advice promptly.

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Read the full answer and

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official sources at Legal

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Hotline dot com, with a hyphen

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between Legal and Hotline.

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Our United States number is on

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screen for free general legal

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information.

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Legal Hotline is an information

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service, not a law firm;

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lawyer matching is separate.

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Your state, court and

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retirement plan determine the

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steps for your case.