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I am finalizing our proposal for the final divorce

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settlement. I wanted details on...
I am finalizing our proposal for the final divorce settlement. I wanted details on Arizona's QDRO for my 401k as well as if we will need to file joint taxes again for 2017.QDRO: What is the process and how do they calculate the amounts? I had about $27k in my 401k prior to marriage and I would imagine that amount increased in value throughout the marriage. I wasn't sure if that is taken into accountTaxes: Papers were served at the beginning of April, and the divorce most likely will not be finalized before the end of the year. I had lowered my withholding in 2015 because we purchased solar panels, and in 2016 I had a large liability that we had to pay. I wasn't able to change my withholding because I was paying all her bills, my bills, and community bills so I will have a large liability again. I want her to be responsible for 25% of that liability and get 25% of her refund since we were married 25% of the year.
Submitted: 7 months ago.Category: Legal
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Answered in 2 minutes by:
12/14/2017
Lawyer: DamienJD, Attorney replied 7 months ago
DamienJD
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Hello again! Please give me a moment to review your question. I may ask some questions to clarify issues.

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Lawyer: DamienJD, Attorney replied 7 months ago

Money in the plan prior to the marriage is considered separate property and not subject to division in the divorce. So, it would be the amount of the growth in the plan.

If you had expenses through this period that benefited the marriage, i.e., both parties, then it could be possible to request a percentage of those expenses in any settlement agreement or argue for them in any divorce order. Possibly you can negotiate the additional tax liability you may have occurred too.

Let me know if I answered your questions, or I missed a question. I am happy to continue to assist you.

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Customer reply replied 7 months ago
Since they are actual stocks within a 401k and they are my sole and separate property, wouldn't any growth of those stocks be sole and separate? Also I'm interested in the QDRO process (est. time, cost) and whether or not we can finalize the divorce if we agree on the QDRO but it isn't completed.
I also had the tax question in the previous page
Lawyer: DamienJD, Attorney replied 7 months ago

Since Arizona is a community property state, any moneys earned in the 401k during marriage are considered community property, even if the money was initially separate property. So, the growth is considered.

Generally, a QDRO can be issued after a settlement agreement but prior to the final decree of divorce. It should not add a lot of time to the process but is an extra step.

You mentioned a tax question, I believed I responded to it, but please ask again to make sure I did address it.

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Lawyer: DamienJD, Attorney replied 7 months ago

Hello again: I have been happy to answer your question after your requested me. Do you have any more questions? I am happy to help you if you do. If not, please remember to provide a rating between 3 and 5 stars at no additional charge to you so I can get paid for answering your question. Thank you.

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Lawyer: DamienJD, Attorney replied 7 months ago

Hello again Darla: I have been happy to answer your question after your requested me. Do you have any more questions? I am happy to help you if you do. If not, please remember to provide a rating between 3 and 5 stars at no additional charge to you so I can get paid for answering your question. Thank you.

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