Women Divorce Rights

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Family Courts have designed very specific rights for women. It has been found that the state laws differ from each other regarding certain issues like adultery. However, all the states accede with each other about issues like child custody and restraining orders.

Women Divorce Rights related to Pension

  • Assume that a woman desires a share of her husband's pension plan. This woman must intimate her husband and the court that she is claiming this right. Then, the court should issue an order to the pension plan administrators to offer some proceeding of the pension plan to this woman. If the plan is of a private pension, the judge must issue a QDRO (Qualified Domestic Relations Order)
  • The woman has the right to hire a lawyer to prepare the QDRO. However, the woman must ensure that this lawyer is conversant with the state and federal laws pertaining to division of the pension. This lawyer must also find out how the pension plan under consideration works

Women Divorce Rights related to IRA (Individual Retirement Accounts)

A woman has the right to demand splitting of the IRA. As per Federal legislation, the funds from a husband's IRA can be transferred to the wife in the following conditions.

  • The money is moved from the husband's IRA directly to the wife's IRA and vice versa
  • Such a transfer is mentioned as one of the provisions in the divorce agreement or decree

It is easier to divide an IRA as compared to the pension plan. If the above two conditions exist simultaneously, then the funds can be transferred without being subject to Federal Tax. There is a 10 percent penalty on the amount that is moved from one account to another.

Consider that a woman has waived her right to any retirement plan of her ex husband as per the divorce property settlement. Post divorce, her ex husband dies and he has not cancelled her name as the beneficiary of his IRA. In such a case, the woman has the right of being entitled to this asset.

Other Divorce Rights of a Woman

  • If any woman has some fear of her personal safety due to past instances of physical or mental or sexual abuse, then she may seek a restraining order for her safety
  • A woman can try for sole or joint custody of her children, irrespective of whether they are her own or adopted. However, such a right cannot be exercised regarding step children
  • During separation, during the divorce process and after the divorce is finalized, women are empowered to request maintenance. However, such a request must e supported by relevant documents
  • A woman can decide to opt for mediation and thereby avoid a trial. In this way, she is sanctioned to settle the divorce outside court
  • It is the right of each woman to freeze her shared finance if she has sufficient reason to believe that her spouse is attempting to trick her

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