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We specialize in retirement plan analysis for divorce & economic loss matters

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Tax Treatment in Pension Evaluation
Distribution from Qualified Plans
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Washington D.C.

JURISDICTIONAL END OF MARRIAGE DATE: Date of Divorce-preferred. If not Divorced use current date.

STATE TYPE FOR PENSION EVALUATION: Washington D.C. is an "equitable distribution" jurisdiction. District of Columbia is an equitable distribution state, which means that the court will divide the marital property as it deems equitable and just among the parties, after setting aside to each spouse that party's separate property. Factors the court will consider in distributing the marital property include:

1. The length of the marriage;

2. Any prior marriage of the parties;

3. The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each party;

4. Whether the property is awarded in lieu of or in addition to alimony;

5. The opportunity of each party for future acquisition of capital assets and income;

6. Each party's contribution to the acquisition, preservation, depreciation, dissipation or appreciation of the marital property;

7. The value of the property set aside to each spouse;

8. The economic circumstances of each party at the time the division of property is to take effect;

9. The debts of the parties;

10. Tax consequences.

[District of Columbia Code Annotated; Title 16, Chapter 9, Section 910].

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