Q: Am I entitled to gains and/or losses from spouse's retirement accounts using QDRO? What is NJ statute # ? Thank you
A: The starting point is the language of your divorce settlement agreement. In most agreements, the lawyers agree to language that says that when dividing up defined contribution type assets (IRA's, 401K plans, etc) the gains and losses attributable to the marital portion will be shared by the parties until the date of actual division. Sometimes, parties will agree that the other party is not going to share in the gains / losses and if the agreement is silent on the issue, then you have a different setting and you need to look at the notes leading up to the finalization of the document to determine the intent of the language.
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