Tag: retirement assets in bankruptcy

Retirement Assets Not Separated by QDRO Not Protected in Bankruptcy

Looking at the definition of ‘retirement funds,’ an appellate court found an ex-husband’s argument that 401(k) and IRA assets still in the ex-wife’s name represent marital property that his ex-wife saved for their joint retirement and that he intends to use the assets for his retirement are subjective and not required to be considered.