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Orlando Divorce and Retirement Lawyer

Florida Family Law and Retirement Planning

Pension and retirement funds are considered marital property in a Florida divorce. In contrast, Social Security benefits are generally not considered marital property as they are regulated under a federal program and do not fall under state laws. Still, a divorced spouse may have certain rights to their ex’s Social Security benefits after divorce.

How with the court divide your retirement assets? An Orlando divorce and retirement lawyer at TK Law carefully evaluates marital assets, debts and other funds to ensure the greatest benefit for our clients.

Without a clear estate plan, prenuptial or postnuptial agreement in place to declare otherwise, a judge uses equitable distribution for any assets or debts acquired during the marriage. “Equitable” does not necessarily mean “equal.” Our clients can be confident that we are well-versed on the current legislation relating to retirement accounts in their divorce case.

Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376)

If you have questions about your retirement situation as you consider divorce, we urge you to contact TK Law for more information. We can be reached for a free, no-obligation consultation at 855-Kramer-Now (855-572-6376).

The following issues are just a few of the important estate and financial planning matters we routinely help our clients with regarding divorce and retirement.

401(k), 403(b), and Thrift Savings Plan

Money accrued in a 401(k) or 403(b) retirement account while married is dividable in divorce. Generally, a judge will sign a qualified domestic relations order (QDRO) designating a percentage or specific dollar amount to be awarded to the non-account holding spouse. Once the retirement plan administrator receives the QDRO, the account will be divided and a new one set up for the ex-spouse.

A Thrift Savings Plan follows a similar division in divorce as a retirement account.

Pension Plan in Florida Divorce

Ex-spouses are eligible for a portion of the other ex-spouse’s pension plan under certain conditions. These monies, which are awarded monthly, should be distributed directly from the plan administrator.

Individual Retirement Accounts (IRA)

IRA funds that are considered marital property are split as a direct rollover. Upon final dissolution of the divorce case, the ex-spouse who does not own the IRA opens up his or her own IRA account so that the eligible funds are transferred to the new IRA.

Military and Federal Government Retirement

Military and federal government retirement funds are handled in a similar fashion to a 401(k). An experienced military divorce attorney can complete the correct documentation to ensure you receive benefits and to mitigate tax consequences.

Social Security Retirement Benefits in Divorce

In many instances, a person whose spouse receives Social Security retirement or disability benefits at the time of divorce is eligible for up to 50 percent of those benefits.

Under the following conditions, a divorced spouse who does not remarry can claim Social Security benefits if the ex-spouse:

  • Is at least age 62
  • Worked at least 10 years
  • Was married to the person seeking to claim benefits for at least 10 years
  • Has a higher spousal benefit than the person seeking to claim benefits

Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376)

Contact an Orlando Divorce and Retirement Lawyer at TK Law

Hiring an attorney with experience in family law and retirement planning can prove to be a vital asset in a divorce case. Our lawyers represent clients in multiple practice areas, including divorces, estate planning, retirement valuation and business law. We use our experience to best benefit our clients’ unique cases.

At TK Law we want to establish lifetime professional relationships with our clients, representing them in a variety of life occurrences. We offer a free consultation to begin working for you today.

Free Case Review

All free case evaluations are reviewed by our legal team. For immediate assistance, please call us at 407-834-4847.

Family Law Information


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The Orlando divorce lawyers at TK Law are deeply committed to the individuals and families they serve. We are here to help you resolve each legal concern so you can regain control and move forward with your life. You will also have a steadfast, accomplished advocate in your corner to fight for what matters most if a dispute goes to trial.

We know how overwhelming conflict can be and how painful it is to see a marriage end. We will guide you through this difficult process before, during and after your divorce.

Contact our offices today to schedule a confidential consultation with one or our family law attorneys, or call us at 855-572-6376.



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client victories

Roy P.
Mar. 2024
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Gastell and Kayla were awesome! They helped me make it through a very challenging time in my life with kindness and compassion. They were always available to answer my questions and kept me up to date. Their counsel was extremely helpful in aiding a resolution that I am very satisfied with.
Carmen D.
Mar. 2024
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I give this law firm a 5 star. Ray and Janelise helped us with our probate issue and made the process a lot easier for us to finalized all of it. We're very thankful to this law office and recommend them for any legal issues.Thank you Janelisse and Ray and the entire office .
Alysia T.
Jan. 2024
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I am thankful to Janelise and Kayla at TK Law for a fantastic job. Kayla guided me through every step of my divorce process. She is patient, professional, and honest. I highly recommend them!
Chris O.
Dec. 2023
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This was first experience hiring a law firm and I am very happy that I hired TK Law. My attorney Janelise and Paralegal Kayla were kind, knowledgeable and made the process easy. They were quick to respond when I needed revisions to my document and the final outcome was perfect. If I ever need legal help in the future, I will not hesitate to contact TK Law again.

*Top-rating from clients and award publications such as Orlando Weekly, US News & more.​


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We offer payment plans, accept credit cards, are available for evening appointments and our main office is conveniently located right off of I-4, between 436 and 434. For immediate help call: 407-834-4847.


The information found here is for general information purposes only. Nothing on this site should be taken as legal advice for any situation or individual case. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.


Phone: 407-834-4847
999 Douglas Ave #3333, Altamonte Springs, FL 32714

Service Areas

Orange & Seminole County, Florida.