Divorce Division of Retirement Accounts | Oregon Attorneys - Arnold Law in Eugene, Oregon – Powerful Advocacy. Proven Results.

Divorce Division of Retirement Accounts | Oregon Attorneys

The first step in almost every divorce is to figure out what the parties own. This is done through discovery of the opposing party’s financial records as well as the divorce client’s own records. Due diligence by a divorce law firm should include a divorce information worksheet that causes the client to make a laundry list of all of their assets and liabilities, including retirement accounts.

Retirement planning

Retirement accounts are special because they are controlled by a third party who the court does not have jurisdiction over without a Qualified Domestic Relations Order, commonly called a QDRO (pronounced “QUAD-roe”).

A large area of Oregon divorce attorney malpractice involves the lawyer’s failure to competently identify all of the retirement accounts, typically due to poor investigation and discovery practices. These are largely not fixable after the judgement unless there was active fraud in hiding the accounts. Then the Oregon Circuit Court can be moved to have the divorce judgment set aside. Alternatively, a claim against the divorce attorney’s Oregon Professional Liability Fund is in order.

These remedies are stressful and unnecessary. It is critical for the client to hire an Oregon divorce law firm that has the resources and experience to figure out these issues, including retirement accounts. You typically get what you pay for. Don’t hire inexperience. Do not look for the “best deal.”

The lawyers at Arnold Law use relentless investigations and an attention to detail to track down retirement accounts and hidden assets. Call 541-338-9111 or fill out the form to the left. You can also live chat with a representative to the right.

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  • Representative Cases


    Custody - Alienation by Mother

    Mother filed false stalking order against father. We won custody for father by showing that mother was making false accusations to gain advantage in the custody case.

    Hidden Asset Divorce - Tracking down values of foreign corporations

    Jacy Arnold represented wife. Discovery from husband appeared to be missing many documents and assets. Motions to compel were granted and Jacy was able to track down foreign corporations hidden by husband, stretching from the Netherlands to southeast Asia. Result: Substantial financial settlement was obtained for client.

    Father’s Rights—Parental Alienation with a Bumpy Past

    Obtained custody for Father after Mother filed a frivolous restraining order against Father and absconded with the children from Oregon to prevent Father from having contact with the children. Of special importance in this case was Mother and Father’s history of domestic violence and drug abuse. Father had completed his probation and treatment, and had achieved many months of sobriety. We were able to show the court through multiple hearings that he had been rehabilitated, had prepared to be the primary parent and was acting in the children’s best interests by seeking custody. We were able to get the restraining order dismissed, safely retrieve the children and return them to Oregon, and obtained orders to both safeguard Father’s relationship with the children and protect the family from future drug use and domestic violence.

    Father’s Rights—Abusive Wife Flees with baby

    Obtained custody for Husband and a safety focused parenting plan restricting Wife’s access after Wife disappeared from the marital home with the parties’ one-year old child. Wife had a history of drug and alcohol use, and had previously physically abused both Husband and the child. Ms. Gardner helped Father obtain emergency custody of the child under the Immediate Danger statute, located the child, and coordinated with law enforcement agencies and the Department of Human Services to safely bring the child home.

    Father flees with children to Oregon—conflicting jurisdiction

    In a contentious California divorce, Husband took the children for a short visit and then fled in secret with the children to Oregon, where he filed for divorce and custody of the children despite a pending divorce case in California and previous orders from the California court granting mother physical possession of the children while the case was pending due to past abuse by Husband against Wife. We helped the frantic Wife safely retrieve the children, and convinced the Oregon court after multiple days in trial to stay the custody proceeding in Oregon pursuant to the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA), allowing the California case to proceed. Wife returned to California safely with the children.

    Special Needs Parenting Time

    The years of physical and verbal abuse against Mother by Father adversely impacted the parties’ high functioning special needs child, who as a teenager began to exhibit alarming violent and sexualized behaviors at school as well as regression in communication and hygiene when Father sought to enforce his parenting time after an absence of several years. At trial, Father disputed the child’s diagnosis and blamed Mother for the child’s sexualized behavior. With the support and information provided by the child’s school teachers, therapists, community support group and friends called by Arnold Law to testify at trial, the Court crafted a child-centric parenting plan for the benefit of this troubled teen and ended Father’s cyclical aggressive contact with the child.