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  1. #1

    Default Modifying a Divorce Degree Post-Judgment

    would like to modify property settlement agreement in her favor, post divorce, in NJ.

    Our divorce was finalized two weeks ago. I have already transferred the cash portion of the settlement to her account. I have yet transferred the retirement account (no QDRO yet either).

    I would like to give her little more than what was in the agreement (cash and retirement). However, I don't want either of us to have to pay extra taxes or fees.

    Our attorney can obviously do this, with an associated fee. However, I'm wondering if it is easy to do this myself, without having to fork over another grand and a half?

    Thanks

  2. #2
    Join Date
    Oct 2006
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    16,474

    Default Re: Would Like to Modify Property Settlement Agreement in Her Favor, Post Divorce, in

    Quote Quoting afewquestions
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    would like to modify property settlement agreement in her favor, post divorce, in NJ.

    Our divorce was finalized two weeks ago. I have already transferred the cash portion of the settlement to her account. I have yet transferred the retirement account (no QDRO yet either).

    I would like to give her little more than what was in the agreement (cash and retirement). However, I don't want either of us to have to pay extra taxes or fees.

    Our attorney can obviously do this, with an associated fee. However, I'm wondering if it is easy to do this myself, without having to fork over another grand and a half?

    Thanks
    A retirement account that is divided by a QDRO results in no tax, unless the receiving party decides to cash out their portion rather than rolling it into a retirement account of their own.

    Giving her additional cash of course is up to you and results in no tax consequences. You do not need to change anything in the agreement to choose to give her extra cash. Giving her extra retirement money might require changing the divorce agreement, depending upon what the broker handling the retirement account requires as part of the QDRO.

  3. #3

    Default Re: Modifying a Divorce Degree Post-Judgment

    Thanks llworking. The company which will do the QDRO will base it on the property settlement. Going back to the attorney to modify the settlement means paying him a bunch of money. Is there a cheaper way I can do this myself or is it advisable to have the lawyer just do it, and do it correctly?

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Modifying a Divorce Degree Post-Judgment

    Quote Quoting afewquestions
    View Post
    Thanks llworking. The company which will do the QDRO will base it on the property settlement. Going back to the attorney to modify the settlement means paying him a bunch of money. Is there a cheaper way I can do this myself or is it advisable to have the lawyer just do it, and do it correctly?
    Its advisable to have the lawyer just do it, an do it correctly.

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