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Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

Divorce

Jun 02, 2025

How Retirement Accounts Are Divided During Divorce

When couples divorce in Pennsylvania, one of the most important and complicated parts of the process involves the division of marital property. Among the assets to be divided, retirement accounts—including pensions, 401(k)s, and IRAs—often represent a significant portion of a couple’s total financial worth. Understanding how these accounts are treated during equitable distribution is critical to protecting your financial future.

At the Law Office of Joanne E. Kleiner, we help clients in Montgomery, Bucks, and Philadelphia counties navigate the complexities of retirement asset division during divorce. With over 35 years of family law experience, we are committed to helping clients make informed decisions about their future financial security.

Retirement Accounts as Marital Property

In Pennsylvania, retirement accounts are generally considered marital property if they were earned or contributed to during the marriage. It does not matter whose name is on the account. If contributions were made or the account increased in value while the couple was married, that portion is subject to equitable distribution.

Marital property includes:

  • Contributions made during the marriage
  • Growth in value during the marriage, including investment returns
  • Employer contributions made during the marriage

Separate property, such as retirement savings accumulated before the marriage, may not be divided. However, the increase in value of separate property during the marriage can still be considered marital property.

Equitable Distribution in Pennsylvania

Pennsylvania follows the rule of equitable distribution, meaning that marital assets are divided fairly, but not necessarily equally. The court considers a variety of factors, including:

  • The length of the marriage
  • Each spouse’s income and earning capacity
  • Contributions to the marital estate (both financial and non-financial)
  • The standard of living established during the marriage
  • Each spouse’s needs moving forward
  • Any pre- or postnuptial agreements between the spouses

When dividing retirement accounts, the goal is to ensure that both parties leave the marriage with a fair share of the financial assets accumulated during the marriage.

Dividing Pensions

Pensions are a type of defined benefit retirement plan that promises a specific monthly benefit upon retirement. Pensions earned during the marriage are marital property and subject to division.

Dividing a pension can be complex because it may not have a current cash value. Instead, the future payout must be valued based on factors such as:

  • The employee’s years of service
  • Salary at retirement
  • Pension plan terms

The portion of the pension earned during the marriage must be calculated separately from any benefits earned before marriage or after separation. In many cases, the division is achieved through a Qualified Domestic Relations Order (QDRO), which directs the pension administrator to pay a portion of the benefits directly to the former spouse.

Dividing 401(k) Accounts

401(k) plans are employer-sponsored retirement accounts that allow employees to contribute pre-tax earnings toward retirement savings, often with employer matching contributions. Contributions made and investment gains earned during the marriage are marital property and can be divided between the spouses.

Dividing a 401(k) also typically requires a QDRO to avoid early withdrawal penalties and taxes. A properly drafted QDRO ensures that each party receives their share of the account without triggering unintended tax consequences.

Options for dividing a 401(k) may include:

  • Splitting the account at the time of divorce
  • Offsetting the value with other assets (e.g., one spouse keeps the 401(k), and the other receives more equity in the marital home)

A financial advisor or actuary can assist in valuing the account and determining the best method of division based on the couple’s broader financial picture.

Dividing IRAs

Individual Retirement Accounts (IRAs) are personal retirement savings accounts that may be either traditional (tax-deferred) or Roth (after-tax contributions). Like 401(k)s and pensions, the portion of an IRA accumulated during the marriage is considered marital property.

Unlike 401(k) accounts and pensions, dividing an IRA does not require a QDRO. Instead, IRAs can be divided using a transfer incident to divorce, which allows the transfer of funds between spouses without taxes or penalties if completed properly.

It is important to ensure that:

  • The division is clearly specified in the divorce decree or separation agreement
  • The funds are transferred directly from one IRA to another (not withdrawn and re-contributed)

Failure to follow the correct procedures can result in significant tax liabilities for the parties involved.

Tax Implications of Retirement Account Division

Dividing retirement accounts during divorce carries potential tax consequences, depending on the type of account and the method of division.

For example:

  • Distributions from traditional 401(k) accounts and traditional IRAs are taxable as ordinary income when withdrawn.
  • Roth IRAs typically allow for tax-free withdrawals, provided certain conditions are met.
  • Early withdrawals made outside the divorce process can trigger a 10% penalty in addition to income taxes.

Properly using a QDRO for employer-sponsored plans and correctly handling IRA transfers is essential to minimize negative tax effects.

Common Mistakes to Avoid

Some of the most common mistakes people make when dividing retirement assets include:

  • Failing to account for taxes when valuing retirement benefits
  • Not obtaining a QDRO when needed
  • Overlooking the division of future pension benefits
  • Misunderstanding the terms of retirement plans
  • Agreeing to an unequal division without fully understanding the consequences

Having experienced legal counsel ensures that all retirement assets are properly identified, valued, and divided according to Pennsylvania law.

How the Law Office of Joanne E. Kleiner Can Help

At the Law Office of Joanne E. Kleiner, we understand that dividing retirement assets is about more than numbers—it is about protecting your financial future. We help clients accurately identify marital portions of retirement accounts, negotiate fair divisions, and ensure compliance with complex legal and financial requirements.

Our firm provides experienced, personalized representation to help you:

  • Value and classify retirement assets correctly
  • Navigate the QDRO and IRA transfer process
  • Minimize tax consequences
  • Plan for long-term financial security post-divorce

If you are considering divorce or currently going through one, and you have questions about how your retirement accounts may be affected, contact the Law Office of Joanne E. Kleiner at 215-886-1266 to schedule a confidential consultation. Secure your future by making informed decisions today.

Feb 08, 2025

Valentine’s Day After Divorce

Valentine’s Day can be a tough reminder for those newly divorced. What was once a celebration of love may now feel bittersweet or even painful. However, the day doesn’t have to be a source of heartache. Instead, it can be an opportunity to embrace new beginnings, focus on self-care, and build a positive future.

At the Law Office of Joanne E. Kleiner, we’ve guided clients through every stage of the divorce process for over 35 years. Whether you’re navigating co-parenting or seeking closure, here are practical tips to help you face Valentine’s Day after divorce with confidence and strength.

1. Redefine Valentine’s Day

Valentine’s Day doesn’t have to revolve around romantic relationships. Use the day as a chance to celebrate other forms of love. Spend time with your children, close friends, or supportive family members.

If you’re a parent, consider planning a special day with your children. Create new traditions, such as cooking a favorite meal or having a movie night together. By focusing on positive connections, you can shift the meaning of Valentine’s Day to something uplifting.

2. Focus on Self-Care

Divorce is a major life transition that can take a toll on your well-being. Use Valentine’s Day as a time to invest in yourself. Take small steps to nurture your emotional and physical health:

  • Treat yourself to a relaxing activity like a spa day or hike.
  • Reflect on your goals and accomplishments since the divorce.
  • Write a gratitude list to focus on the positives in your life.

Self-care is an essential part of healing and rebuilding after divorce. By prioritizing your well-being, you set the foundation for a healthier and happier future.

3. Navigate Co-Parenting Challenges

For parents, Valentine’s Day may also involve coordinating with your ex-spouse. Co-parenting during holidays requires open communication and flexibility. Here are a few tips:

  • Stick to your custody agreement but remain open to adjustments.
  • Work together to create a holiday schedule that benefits your child.
  • Avoid arguments or emotional confrontations in front of your children.

Remember, your child’s happiness should remain the top priority. Children thrive when both parents focus on their well-being, even during challenging transitions.

4. Reflect on Your Divorce Journey

Valentine’s Day can be a moment to reflect on your divorce and what you’ve learned. In Pennsylvania, divorce often involves significant decisions about property, custody, and finances. If you’ve recently finalized your divorce, consider how the process has shaped your perspective.

At the Law Office of Joanne E. Kleiner, we encourage clients to focus on the future rather than dwelling on the past. Whether through mediation or litigation, each decision during the divorce process builds the foundation for your next chapter.

5. Explore Mediation for Future Conflicts

If lingering conflicts remain with your ex-spouse, mediation may be the key to resolving them. Mediation provides a neutral setting for addressing issues such as child custody, financial disputes, or holiday scheduling.

As experienced mediators, we help clients find mutually beneficial solutions that reduce stress and save time. Mediation keeps discussions focused and productive, which is especially valuable for co-parents during emotionally charged times like holidays.

6. Avoid Social Media Triggers

Social media can be a source of stress during Valentine’s Day. Seeing posts of couples celebrating may amplify feelings of loneliness or comparison. Consider limiting your time online to avoid unnecessary triggers.

Instead, focus on real-world activities that bring you joy. Meet a friend for coffee, explore a new hobby, or volunteer for a cause that’s meaningful to you. Redirecting your energy can help create a more positive experience.

7. Rebuild Financial Stability

Divorce often involves significant financial changes. If you’re navigating life post-divorce, Valentine’s Day is a good time to revisit your financial goals. Review your budget, savings, and long-term plans.

If alimony or child support plays a role in your financial stability, ensure that payments are being made or received correctly. Pennsylvania courts consider many factors when awarding alimony, including income disparity, marriage length, and contributions to the household. If you have questions about alimony enforcement or modification, consult an experienced attorney.

8. Acknowledge Your Emotions

It’s natural to feel a mix of emotions on Valentine’s Day after a divorce. Allow yourself to process those feelings without judgment. Whether you feel sadness, relief, or hope, acknowledging your emotions is an important part of healing.

Consider journaling as a way to express your thoughts. Writing can help you gain clarity and perspective, especially during emotionally charged times.

9. Celebrate Your Independence

Divorce is not just an ending—it’s also a beginning. Valentine’s Day can be a time to celebrate your independence and the new opportunities ahead. Reflect on the goals you’ve set since the divorce and the progress you’ve made.

Whether it’s pursuing a new career, building a support network, or rediscovering a hobby, take pride in your achievements. Each step forward is a testament to your resilience and strength.

10. Seek Support When Needed

Navigating Valentine’s Day after divorce can be challenging, but you don’t have to do it alone. Lean on trusted friends, family members, or support groups. Surrounding yourself with understanding individuals can make a significant difference.

If legal concerns remain unresolved, such as custody disputes or alimony adjustments, seek guidance from a qualified family law attorney. At the Law Office of Joanne E. Kleiner, we provide compassionate, results-oriented support to help you move forward.

How the Law Office of Joanne E. Kleiner Can Help

At the Law Office of Joanne E. Kleiner, we understand the challenges of life after divorce. Whether you need help navigating custody arrangements, enforcing alimony, or exploring mediation, our team is here to guide you.

With over 35 years of experience, we’ve helped countless clients in Montgomery, Bucks, and Philadelphia counties achieve favorable outcomes. Our personalized approach ensures that your unique needs and goals remain the focus of every decision.

Valentine’s Day after divorce doesn’t have to be a painful experience. By focusing on self-care, embracing new traditions, and seeking support, you can transform the day into a celebration of growth and resilience.

If you’re facing legal challenges or need guidance during this transition, contact the Law Office of Joanne E. Kleiner. Schedule a confidential consultation today by calling 215-886-1266.

Let us help you build a brighter future, one step at a time.

Feb 01, 2025

Avoid Dating During Divorce Proceedings

Going through a divorce is a difficult and emotional time. You may feel lonely or eager to move on, but dating during the divorce process can lead to unexpected complications. The decisions you make during this period can significantly affect custody, property division, and financial settlements. Courts in Pennsylvania consider many factors when deciding these issues, and dating can complicate matters.

At the Law Office of Joanne E. Kleiner, we guide clients through the divorce process with a focus on protecting their rights and interests. Here’s why it’s often best to wait until your divorce is finalized before starting a new relationship.

Dating Can Impact Custody Decisions

Pennsylvania courts prioritize the best interests of the child in custody cases. If you’re dating someone new, your ex-spouse may raise concerns about the person’s influence on your children.

Common issues that may arise include:

  • Background Checks: The court may want information about your new partner’s criminal history.
  • Stability: Introducing a new relationship too soon may be seen as disruptive to your children’s routine.
  • Parental Conflict: Your ex-spouse may argue that the new relationship causes tension or confusion for the children.

Maintaining stability for your children is crucial. Courts often prefer that significant life changes, like new relationships, be introduced gradually and only after the divorce is complete.

Dating May Affect Property Division

Divorce proceedings often involve dividing marital assets and debts. If you start dating before your divorce is finalized, it may raise questions about financial fairness.

For example:

  • Spousal Support: Your ex-spouse may argue that your new relationship reduces your financial need for alimony.
  • Spending Patterns: If you spend marital funds on a new partner, your ex-spouse could claim financial misconduct.

Pennsylvania courts assess the economic circumstances of both spouses when determining financial settlements. Dating and spending on a new partner may complicate these assessments, potentially delaying the divorce process.

Emotional Reactions Can Escalate Disputes

Divorce is already emotionally charged, and dating can heighten tensions. Your ex-spouse may feel hurt, jealous, or resentful, leading to increased conflict.

Heightened emotions can result in:

  • Prolonged Negotiations: Your ex-spouse may become less willing to compromise on important issues.
  • Litigation: What could have been resolved through mediation may escalate into a courtroom battle.

Reducing emotional triggers helps create a smoother divorce process. Avoiding new relationships during this time can prevent unnecessary conflict and protect your legal position.

Mediation Can Be More Effective Without Distractions

Mediation is an effective way to resolve divorce disputes without going to court. However, mediation relies on cooperation and mutual respect between both parties. If one spouse begins dating, it can create distrust and resentment, making mediation less productive.

At the Law Office of Joanne E. Kleiner, we emphasize the importance of open communication in mediation. By postponing new relationships, you give yourself and your ex-spouse the opportunity to focus on reaching fair agreements.

Courts May View Dating as Poor Judgment

Judges are human and can be influenced by perceptions of behavior. If you date during your divorce, a judge may view it as poor judgment or insensitivity toward your ex-spouse and children.

This perception may impact decisions on:

  • Custody Arrangements: A judge may question whether you’re prioritizing your children’s needs.
  • Spousal Support: Courts may be less sympathetic to your financial claims if they believe you are distracted by a new relationship.

Maintaining a respectful and responsible demeanor throughout the divorce process can positively influence the court’s perception of you.

Your Focus Should Be on Healing and Transitioning

Divorce represents a significant life change. It’s important to take time to reflect, heal, and rebuild your life before entering a new relationship.

Focus on:

  • Personal Growth: Use this time to explore your interests, goals, and values.
  • Emotional Well-Being: Therapy or support groups can help you process your feelings and gain clarity.
  • Parenting: Strengthening your relationship with your children can provide stability and comfort for both you and them.

Rushing into a new relationship can distract from these important steps, potentially leading to emotional setbacks.

New Relationships May Not Be Stable

Dating during divorce is often driven by emotional vulnerability. Many people enter relationships during this time to cope with feelings of loneliness or loss. However, these relationships may not be built on a solid foundation.

Research shows that relationships started during transitional periods are more likely to fail. Taking the time to fully process your divorce before dating increases the likelihood of future relationship success.

Legal Considerations for Dating After Divorce

Once your divorce is finalized, dating becomes less legally complicated. However, certain issues may still arise, particularly if you have children.

Consider the following:

  • Introducing New Partners: Gradually introduce new partners to your children to avoid emotional distress.
  • Co-Parenting Agreements: If your divorce settlement includes guidelines on introducing new relationships, follow these terms.
  • Child Support or Custody Modifications: Significant life changes, such as remarriage, may require adjustments to custody or support agreements.

Consulting with an attorney can help you navigate these post-divorce concerns.

How to Handle Social Situations During Divorce

Social gatherings, especially around holidays like Valentine’s Day, may present challenges. You may feel pressure to date or explain your divorce status to others.

Here are some tips:

  • Set Boundaries: Politely decline invitations that make you uncomfortable.
  • Communicate Clearly: Let friends and family know you’re focused on personal growth.
  • Focus on Supportive Relationships: Surround yourself with people who respect your journey and encourage healing.

By maintaining clear boundaries, you can protect your emotional well-being during this transitional period.

The Role of Your Attorney

Your attorney plays a crucial role in guiding you through the divorce process. They can help you understand how dating may affect your case and provide strategies to protect your rights.

At the Law Office of Joanne E. Kleiner, we take the time to understand your unique situation. Our team offers personalized advice to help you make informed decisions that support your long-term goals.

Final Thoughts

Dating during divorce may seem tempting, but it can complicate custody, finances, and emotional well-being. By focusing on healing and responsible decision-making, you can protect your interests and set the stage for a successful future.

If you have questions about your divorce case, contact the Law Office of Joanne E. Kleiner. With over 35 years of experience, we provide compassionate and results-oriented representation for clients in Montgomery, Bucks, and Philadelphia counties. Schedule a confidential consultation by calling 215-886-1266 or reaching out online.

Your choices today can shape your future. Let us help you make informed, confident decisions.

Jan 25

Who Gets the Family Jewels in a Divorce?

Distributing Family Jewelry as Part of a Divorce Settlement

During a divorce, the division of valuable assets is often contentious.

Jewelry Is Often a Sore Spot in Asset Division

Jewelry, including family heirlooms, is often a hot spot in the divorce settlement process. Our Jenkintown family lawyer offers representation for people who are in the process of a divorce and for whom the division of jewelry could be a matter of disagreement. In some cases, each piece of jewelry that entered the marriage could be a sore spot for arguments.

Symbols of the Marriage

Wedding bands and engagement rings are seen as symbols of marriage. In many cases, these items also have a considerable monetary value. In New Jersey, gifts received before marriage aren’t considered to be marital assets. Since an engagement ring is given as a gift before marriage, it wouldn’t be subject to asset division in a divorce. In states with community property laws, jewelry exchanged during marriage is subject to a 50/50 split of the value.

Valuable Family Heirlooms

In many families, pieces of jewelry are received as gifts or as part of an estate. For example, a woman may be given a pair of valuable pearl earrings in her husband’s grandmother’s estate. This is a marital asset, and a judge could order the property split between the two parties in the divorce. Splitting a pair of earrings is impractical, so a judge might award one party the earrings and another party a different item of an equal monetary value.

Special Situations

Special situations may arise when it comes to the division of jewelry in a divorce. For example, an engagement ring given before marriage is exempt. If the stone was replaced with a larger stone after marriage, then the setting would still be exempt, but the stone would be a community property asset and eligible for equitable distribution.

Sentimental Family Heirlooms

Even when an item has little monetary value, it could be a matter of contention in a divorce. A piece of costume jewelry may only have a worth of $50, but its sentimental value could be priceless. In a feisty divorce, parties might even argue over costume jewelry pieces. These would still be held subject to community property laws if they were acquired during the marriage.

Appraisal of Jewelry

When assets are split, a judge may order an appraisal of valuable items such as cars, antique furniture, houses, and jewelry. The court may appoint an appraiser or ask each party in the divorce to nominate an appraiser. If one party challenges the appraisal of a piece of jewelry, then a second appraisal at the cost of the challenging party may be permitted. Once the court knows how much the piece or pieces of jewelry are worth, the division of shared assets can proceed. If the couple already has an appraisal for insurance purposes, then the court may accept the existing appraisal if both parties agree.

Appraisals When Calculating Spousal Support

In some divorce cases, one party requests spousal support. When this type of support is requested, the court will order a calculation of each party’s assets. In this case, each person’s separate property will be considered. This means that the engagement ring and wedding bands would be counted in the value of the assets. In this way, the law sees jewelry as an asset that’s no different from any other asset acquired before or during the marriage.

Our Jenkintown family lawyer offers consultations for divorce cases in which the distribution of jewelry could be an issue. Contact the Law Office of Joanne Kleiner by calling (215) 886-1266 or visiting our office in Jenkintown to make an appointment.

Dec 26, 2024

Paternity Testing During a Divorce

Divorce is often a complex and emotionally charged process. When questions about paternity arise, it can further complicate matters. Paternity testing during a divorce is not just about establishing biological ties—it can significantly impact child custody, child support, and the legal process. Understanding the role of paternity testing and how it fits into a divorce case is crucial for making informed decisions.

At the Law Office of Joanne E. Kleiner, we have over 35 years of experience guiding families through sensitive legal issues. Here’s what you need to know about paternity testing during a divorce.

What Is Paternity Testing?

Paternity testing uses DNA analysis to determine the biological father of a child. The test compares the DNA of the child with the alleged father to confirm or deny a biological connection. Paternity tests are highly accurate, with results typically exceeding 99% accuracy when confirming a match.

Paternity questions may arise during a divorce for various reasons, including:

  • Suspicions of infidelity
  • A spouse disputing biological parentage
  • Clarification needed for legal obligations like child support

In Pennsylvania, paternity disputes can significantly influence custody and financial responsibilities.

When Is Paternity Testing Relevant During Divorce?

Paternity testing becomes relevant when the father’s biological relationship to the child is in question. In most cases, Pennsylvania law assumes that a child born during a marriage is the biological child of the husband. This assumption, known as the “presumption of paternity,” can be challenged if there are doubts about biological ties.

Situations where paternity testing may be requested include:

  • Child Custody Disputes: A parent may question paternity to avoid custody obligations.
  • Child Support Cases: Establishing paternity is necessary before assigning financial responsibilities.
  • Inheritance Rights: Paternity can impact future inheritance claims.

The Legal Process for Paternity Testing

In Pennsylvania, paternity testing during a divorce typically involves a court-ordered process. A party—either the mother, the alleged father, or another interested party—may petition the court for a paternity test.

Steps in the process include:

  1. Filing a Petition: A request is submitted to the court to order a paternity test.
  2. Court Approval: The court evaluates whether the test is warranted.
  3. Testing: DNA samples are collected from the child and the alleged father.
  4. Results: Test results are submitted to the court and can be used as evidence.

The court uses these results to make decisions about custody, support, and other related issues.

Implications of Paternity Test Results

Paternity test results can significantly impact a divorce case. Here’s how:

  • Child Custody: If paternity is established, the father may seek custody or visitation rights. Conversely, if paternity is disproven, the alleged father may be excluded from custody arrangements.
  • Child Support: Biological fathers are financially responsible for their children. If paternity is established, the court can enforce child support obligations. However, if paternity is disproven, financial responsibilities may shift.
  • Emotional Impact: Beyond legal implications, paternity results can deeply affect family dynamics. Children and parents may face emotional challenges following the revelation of biological relationships.

Protecting the Child’s Best Interests

In any divorce involving children, Pennsylvania courts prioritize the child’s best interests. While paternity testing helps clarify biological ties, it’s important to consider the emotional and developmental needs of the child.

For example:

  • Courts may still allow a non-biological father to maintain visitation if they have acted as a parent figure.
  • Sudden changes in parental relationships can disrupt a child’s sense of stability.

The Law Office of Joanne E. Kleiner works with parents to navigate these challenges with sensitivity and care.

Alternatives to Litigation

Not all paternity disputes need to end up in court. Mediation and collaborative divorce offer alternatives that can reduce conflict and stress.

Mediation involves working with a neutral third party to resolve disagreements, including those related to paternity. This approach encourages open communication and focuses on finding solutions that work for everyone involved.

Collaborative Divorce allows both parties to work with legal professionals to settle disputes outside of court. This method is especially beneficial when addressing sensitive issues like paternity, as it prioritizes cooperation and confidentiality.

Avoiding Common Misconceptions

Many people have misconceptions about paternity testing during a divorce. Here are a few to consider:

  • Paternity Tests Are Not Automatic: Tests are only conducted if paternity is disputed or legally necessary.
  • Emotional Satisfaction Isn’t Guaranteed: A court will not assign blame or validate feelings of betrayal. The focus remains on resolving legal issues.
  • Paternity Results Can’t Be Used for Revenge: Courts prioritize the child’s welfare, not personal grievances between spouses.

Understanding these points can help manage expectations during the legal process.

Why Legal Guidance Is Essential

Paternity testing during a divorce involves legal, emotional, and financial complexities. An experienced family law attorney can help you navigate these challenges while protecting your rights and interests.

At the Law Office of Joanne E. Kleiner, we provide personalized support for every client. Whether you need to request a paternity test or understand its implications for your case, our team is here to guide you.

Final Thoughts

Paternity testing can play a pivotal role in divorce cases involving children. It impacts custody, child support, and the overall legal process. By understanding the role of paternity testing and seeking experienced legal guidance, you can navigate this complex issue with confidence.

If you’re facing questions about paternity during your divorce, contact the Law Office of Joanne E. Kleiner. With over 35 years of experience, we can help you make informed decisions that protect your family’s future. Call us today at 215-886-1266 to schedule a consultation.