Retirement Account Gains After Date of Divorce

The Law Office of Anthony W. Greco successfully challenged an award of gains on a retirement account to our client’s Ex-Wife.  The parties were subject to a decree that stated “[a]ll retirement assets of the parties shall be equalized as of [the day of divorce].”  Three years later, Ex-Wife filed a motion to enforce the terms of the decree, as one of Husband’s accounts had not been divided yet.  Ex-Wife claimed that she was entitled to at least $443,225.24.  The Trial Court ruled for Ex-Wife and awarded her $220,000 from the retirement account.  Husband appealed this ruling.

Wife Not Entitled to Gains

Our firm successfully argued that the Ex-Wife had no claim to the gains that had accrued since the divorce.  The Appeals Court applied the “normal rules of contract interpretation” to analyze the statement “[a]ll retirement assets of the parties shall be equalized as [the day of divorce].”  The Appeals Court determined that the decree was unambiguous in its intent to divide the assets equally based on their value as of the date of divorce, and that “the language of the decree [did] not indicate that [Ex-Wife], a non-participant under the retirement plan, has any right to any gains or losses on the assets accruing after [the date of divorce].”  The Appeals Court found for our client and overturned the Trial Court’s ruling, saving our client $220,000 in gains on his retirement account.

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Attorney Anthony W. Greco has over 25 years experience fighting for his clients.  Our firm consists of numerous talented attorneys, each with the extensive knowledge and skill necessary to protect our clients’ interests.  As a result, every member of our team treats each client’s case as unique, focusing on what is important to that individual client.  We represent clients in disputes regarding various family law matters, including fights over retirement accounts, gains, and other financial interests.  Click Here to contact us and see what sets us apart from other firms.