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The Harrian Law Firm
One of the most critical issues in many divorce cases in Arizona is the division of retirement plans. It is not unusual for a retirement plan to be the most significant asset that a couple owns. Community property division laws in Arizona subject retirement benefits earned during the marriage to division. The Harrian Law Firm, P.L.C. divides retirement benefits throughout the State of Arizona.

The law governing retirement plans is very specialized and requires a special order commonly referred to as a Qualified Domestic Relations Order (QDRO). The name, QDRO, is often used in a generic sense but it is a specific type of order when the retirement is sponsored by a private company. If the retirement plan requiring division is a Federal or State sponsored plan, a QDRO is not utilized but special dividing orders still need to be drafted in order to complete the retirement division.

Robert F. Harrian, Esq. of The Harrian Law Firm, P.L.C. is one of few attorneys in the Phoenix Metropolitan area that has the expertise to draft orders relating to the division of retirement plans.
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Robert is an experienced family law attorney and one of the few attorneys in the valley who can assist individuals with the proper legal process and documents to divide pension and retirement accounts via Qualified Domestic Relations Order (QRDO).
Robert dedicates most of his practice to this work and is an excellent choice for those seeking the specialized help.
It is very difficult to find a reputable divorce attorney who knows the law, is ethical and responsive.
When I was going through my divorce 6 years ago, I asked around for a referral to a good divorce attorney and was referred to Mr. Harrian.
Most Civilian Federal Employees will be in one of two retirement systems: the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS).
Generally, CSRS covered employees prior to 1987 and FERS covered employees after 1987 and employees who voluntarily switched from CSRS.
Under the FERS retirement plan, the employee is also a participant in the social security plan.
Under CSRS retirement plan the employee usually does not participate in the social security system.
The Thrift Savings Plan was established by congress in the Federal Employees Retirement System Act in 1986 (FERSA) and is a retirement savings and investment plan for federal employees.
It is a defined contribution plan very similar to a private company 401(K) Plan.
The employee makes contributions to the TSP together with the agency.
TSP supplements the Civil Service Retirement System Annuity (CSRS) and the Federal Employee Retirement System (FERS).
The Thrift Savings Plan is also available to military personnel.
Employers that provide pension plans for their employees are governed by a body of federal law commonly known as ERISA.
Employers must keep their plans "ERISA Qualified" for tax purposes under the Internal Revenue Code.
In order for the marital interest in a pension plan to be divided, a special order called a Qualified Domestic Relations Order (QDRO) must be entered by the court which must comply with the strict procedures mandated by ERISA and the IRS Code.
In Arizona these pension plans, commonly referred to as defined benefit plans, are provided by such employers as Boeing, Cox Enterprise, Pinnacle West Capital Corporation, Honeywell, Motorola, Salt River Project, UPS, Western Conference of Teamsters and many more.
The division of a 401(K) plan (a defined contribution plan) is somewhat simple in comparison to a pension plan (defined benefit pension plan).
Your QDRO attorney will not have to worry about things such as preretirement or post retirement survivor annuities, cost of living adjustments and the like.
In dividing a 401(K) plan, the QDRO attorney must consider whether there is any premarital separate interest and, if so, what is the value of the premarital separate interest.
Only the amount contributed by the employer and the employee during the term of the marriage is considered community property subject to division.
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