Family Law

4.5

Handling QDROs and Tax Matters in Divorce

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
OnDemand
5 hours 52 minutes
Marcus Hodge
Elizabeth Juelich
Lewanna Bell-Lloyd
David Holm
Brandon Tyson
With Marcus B. Hodge from ASC Forensic, LLC + 4 others
Recorded July 11, 2024
Product ID 98854

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Overview

QDRO Legal Requirements, Tax Implications in Divorce, and More

Whether you're new to qualified domestic relations orders (QDROs), or you're a seasoned attorney who wants to review the basics, this course is for you! Join our veteran practitioners as they explore the dos and don'ts of dividing tax and retirement assets in divorce. Uncover what happens when a QDRO is terminated, identify key QDRO mistakes to avoid, and much more. Register today!

  • Review the fundamentals of QDROs and different plan types.
  • Discover best practices for crafting QDROs.
  • Discuss the pros and cons of filing jointly vs. separately.
  • Formulate strategies for analyzing tax returns.
  • Navigate the tax implications of debt and asset division.

This program was designed in conjunction with NBI's esteemed 2023-2024 Content Advisory Committee Member Erika MacCormac.

Abbreviated Agenda

  1. Intro to Qualified Domestic Relations Orders (QDROs)
  2. Insights on QDROs and Other Retirement Plan Documents
  3. Best Practices in Drafting QDROs (With Examples)
  4. Filing Status of the Divorcing Spouses and Child Tax Credit: Legal Essentials
  5. What You Can Find on Individual and Business Tax Returns
  6. Tax Implications of Asset and Debt Division
  7. Ethical Considerations

Related Topics

Product ID 98854

Credit Details

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Intro to Qualified Domestic Relations Orders (QDROs)

    1. ERISA: What QDROs Are and Why You Need Them
    2. Determination of Plan Type
    3. Defined Benefit QDROs
    4. Defined Contribution QDROs
    5. Freezing Participant's Access to Benefits
    6. Case Law and Recent Developments

  2. Insights on QDROs and Other Retirement Plan Documents

    1. Options Within Plan Documents for Review
      1. New Spouse Beneficiary?
      2. Post-Death Beneficiary?
      3. Cost of Living Increases?
    2. How to Make the Settlement Agreement Terms Work With Plan Terms
    3. How to Obtain Retirement Plan Docs
    4. Limitations on QDROs
    5. Military QDROs
    6. What Happens When a QDRO Is Terminated?

  3. Best Practices in Drafting QDROs (With Examples)

    1. What Information Is Needed Each Party to Draft
    2. Who Is the Plan Administrator?
    3. Review Process and Intersection With Court Timelines
    4. Post-QDRO Entry; Client Expectations
    5. Guidelines for Crafting Provisions for Surviving Spouses
    6. 5 Worst Mistakes Attorneys Make With QDROs

  4. Filing Status of the Divorcing Spouses and Child Tax Credit: Legal Essentials

    1. Pros and Cons of Filing Jointly vs. Separately
    2. Child Tax Credit: What Is It?
    3. Options for Claiming Minor Children
    4. Mortgage Deduction Credit in Divorce
    5. Innocent Spouse Relief
    6. Unpaid Tax Liability: What You Need to Know

  5. What You Can Find on Individual and Business Tax Returns

    1. Gross Incomes for Individuals
    2. Hidden Assets and Accounts on Individual Returns and Their True Value
    3. Business Expenses and Income Recoupment
    4. Profit and Loss Perspectives for Support

  6. Tax Implications of Asset and Debt Division

    1. Capital Gains Consideration
    2. Real and Personal Property Taxes Pending Divorce Decree
    3. Taxation of Business Interests in Divorce
    4. Tax on Sale of the Marital Home
    5. Taxation of Asset Transfers
    6. Taxation of Support

  7. Ethical Considerations

    1. Interactions With Other Professionals (Accountants, Financial Planners, and Estate Attorneys)
    2. Avoiding Conflicts of Interest
    3. Guarding Confidentiality
    4. Attorneys' Fees
    5. Dealing With a Client's Financial Misconduct
    6. Handling a Pro Se Opposing Party in a QDRO

Who Should Attend

This program is designed for attorneys. Accountants, tax professionals, and paralegals may also benefit.

Speakers

Marcus B Hodge
Marcus B.
Hodge
ASC Forensic, LLC
Elizabeth L Juelich
Elizabeth L.
Juelich
Krueger, Juelich & Schmisek, PLLC
Lewanna Bell-Lloyd
Lewanna
Bell-Lloyd
Lewanna Bell-Lloyd, Attorney at Law
David E Holm
David E.
Holm
Parker Bryan Family Law
Brandon Tyson
Brandon
Tyson
Tyson Law Firm, LLC
Speaker bio
Marcus B Hodge

Marcus B. Hodge

ASC Forensic, LLC
Marcus Hodge

, CPA/ABV/CFF, MBA, CFE is the owner of ASC Forensic, LLC, with offices in Asheville, North Carolina and Spartanburg, South Carolina. He founded ASC Forensic, LLC in 2009 to provide forensic accounting, business valuation and business intelligence services throughout the United States. Mr. Hodge is a certified public accountant licensed in South Carolina and North Carolina; accredited in business valuation by the American Institute of Certified Public Accountants; certified in financial forensics by the American Institute of Certified Public Accountants; and certified by the Association of Certified Fraud Examiners as a certified fraud examiner. He earned his B.A. degree from Clemson University and his M.B.A. degree in accounting from Coastal Carolina University. Mr. Hodge is a member of the American Institute of Certified Public Accountants and the Association of Certified Fraud Examiners.

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Speaker bio
Elizabeth L Juelich

Elizabeth L. Juelich

Krueger, Juelich & Schmisek, PLLC
Elizabeth Juelich

is a partner at Krueger, Juelich & Schmisek, PLLC in Minnetonka, Minnesota, and focuses her practice on family law and estate planning. Her family law practice includes divorce, custody matters, complex property division, support, related tax matters and domestic abuse, and she frequently speaks about these matters both nationally and locally. Many of Ms. Juelich's clients or their spouses are executives, physicians, and business owners, and her cases routinely involve executive compensation and complicated financials. Many of her cases are considered high conflict, and involve domestic abuse and parties who have mental health and personality disorders. Ms. Juelich was nominated by her peers, vetted by the research team at Thomson Reuters, and selected to appear on the Minnesota Super Lawyer's Rising Star list each year from 2012 through 2018, a designation received by no more than 2.5% of the attorneys in the state who are 40 or younger, or have been in practice for ten years or less. She has been named a Super Lawyer each year since 2019, which is a designation given to 5% percent of all attorneys in the state who are over 40, or have practiced law for more than ten years. Ms. Juelich graduated cum laude from William Mitchell College of Law, and graduated cum laude from Hamline University, where she earned her B.A. degree in management and political science.

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Speaker bio
Lewanna Bell-Lloyd

Lewanna Bell-Lloyd

Lewanna Bell-Lloyd, Attorney at Law
Lewanna Bell-Lloyd

is a sole practitioner in Olathe, where her main area of practice is family law. She earned her B.S.E. and J.D. degrees from the University of Kansas. Ms. Bell-Lloyd has spoken for various professional groups on topics relating to her area of practice. She is a member of the Johnson County and Kansas bar associations, and a past member of the Kansas Trial Lawyers Association. Ms. Bell-Lloyd is admitted to practice in Kansas.

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Speaker bio
David E Holm

David E. Holm

Parker Bryan Family Law
David Holm

is an attorney with Parker Bryan Family Law, where his practice areas include equitable distribution of property (including QDROs), premarital agreements, separation agreements, absolute divorce, child custody, child support, and alimony. Mr. Holm drafts QDROs for his own clients and for other attorneys that seek his assistance, and has drafted over 300 domestic relations orders. He served as president of the Wake County Bar Association in 2021. Mr. Holm is a past chair of the North Carolina Bar Association's Family Law Section. He has been a board-certified specialist in family law since 2006. Mr. Holm earned his B.A. degree from North Carolina State University and his J.D. degree, cum laude, from the University of Miami School of Law.

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Speaker bio
Brandon Tyson

Brandon Tyson

Tyson Law Firm, LLC
Brandon Tyson

is a sole practitioner with the Tyson Law Firm, LLC. He practices primarily in the areas of family law, collaborative family law, probate, guardianships, estate planning, and appeals. Mr. Tyson regularly assists other family law practitioners with the preparations of QDRO's, military retired pay division orders and other appropriate court orders to divide individual retirement accounts, municipal retirement plans, government pensions and retirement accounts. He earned his undergraduate degree, summa cum laude, from the University of Central Florida; and his J.D. degree, with honors, from the Fredric G. Levin School of Law at the University of Florida in Gainesville. Mr. Tyson is a licensed CPA and passed all four parts of the CPA exam on the first try. He is a member of The Florida Bar and has successfully represented clients in the District Court of Appeals for the state of Florida.

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