Retirement Accounts & Divorce in Fort Wayne

Dividing assets during a divorce can be daunting, especially when it comes to retirement accounts with their complex rules and potential pitfalls. At Crell Law, we understand how overwhelming this process can feel, and we’re here to make it easier. With decades of experience, our team creates personalized strategies to simplify asset division and secure your financial future. Trust us to protect what you’ve worked so hard to build.

How Will Your Fort Wayne Retirement Accounts Be Treated in a Divorce?

Indiana follows the principle of equitable distribution, meaning marital property—including retirement accounts—is divided fairly, though not necessarily equally. Indiana law states that regardless of whether the account was acquired before or during the marriage or by one or both spouses, it will typically be considered in the division process.

Types of Retirement Accounts Often Divided

Each retirement account comes with its own complexities when it comes to valuation and division. Common accounts we handle include:

401(k) & 403(b) Plans
Traditional and Roth IRAs
Employee Pensions
Deferred Compensation Plans
Thrift Savings Plans (TSPs)

Maximizing Your Share of Retirement Assets

In Indiana, courts typically assume that a 50/50 split of marital assets is the most equitable approach. However, this division isn’t always fair in every situation. Our experienced asset division lawyers can help you advocate for a greater share of the assets when circumstances warrant it. Here are some key factors and arguments that can influence the division of retirement accounts:

1. Contributions

If you contributed significantly more to the retirement accounts during the marriage, this can be a strong argument for receiving a larger portion of the funds.

2. Length of the Marriage

In longer marriages, courts tend to favor equal division. However, in shorter marriages, we can argue that the assets should reflect individual contributions and not be split equally.

3. Account Growth During the Marriage

Growth in retirement funds during the marriage is considered marital property. Our team can help determine the portion of the account’s value that is truly subject to division.

4. Future Financial Needs

If your financial circumstances post-divorce are significantly different from your spouse’s, we can argue for an adjustment to the division to prioritize your future security.

By carefully analyzing these factors, we build a compelling case to help you receive a fair and equitable share of retirement assets.

Strategies for Dividing Retirement Accounts

Every divorce is unique, and the approach to dividing retirement accounts varies based on individual circumstances. At Crell Law, we explore all options and help you choose the right strategy for your needs:

Direct Transfers: Ideal for dividing IRAs without triggering taxes or penalties.
Qualified Domestic Relations Orders (QDROs): A must for dividing employer-sponsored accounts, such as 401(k) plans or pensions.
Offsetting Assets: One spouse keeps the retirement account in exchange for equivalent marital assets, such as a home or vehicle.
Lump-Sum Buyouts: Avoid splitting the account by compensating the other spouse in one payment.

Each strategy requires detailed calculations to ensure compliance with tax laws and achieve a fair outcome.

The Benefits of Choosing Crell Law

When you work with Crell Law, you’re not just hiring legal representation—you’re gaining a partner committed to safeguarding your finances. Here’s why people trust us:

Thorough and Meticulous Account Valuation

We leave no stone unturned in determining the true value of your retirement assets. Our process aims to make sure every account is identified, accurately valued, and assessed for future growth potential and tax implications.

Honest & Transparent Communication

At Crell Law, you’re more than just a case file. We believe in being upfront about your situation and providing clear and honest guidance every step of the way. If we feel that a long legal process won’t lead to success, we’ll let you know and focus on finding the best path forward for you.

Fierce Representation

Whether during tough negotiations or in the courtroom, we relentlessly fight to protect your rights and interests. Our commitment to your case gives you strong advocacy every step of the way.

Protect Your Financial Future Today

Dividing retirement accounts during your divorce doesn’t have to be overwhelming. With Crell Law’s asset division lawyers by your side, you’ll get the support, strategy, and experience needed for a fair and equitable resolution. Contact us today for a confidential consultation and see how we can help you move forward with confidence.