Employment Benefits & Executive Compensation
A Recognized Leader in the Field
Employment benefits, particularly the myriad forms of executive compensation, are among the most complex financial issues involved in the division of property upon divorce and have long been the source of challenging family law legal issues.
Brenda Keen, founder of Brenda D. Keen, P.C., made her first Continuing Legal Education presentation about retirement benefits in 1979 and has written and spoken extensively about this topic throughout her career. Other family law attorneys frequently call on her to assist with the division of a wide variety of employee-compensation and executive-compensation benefits, including ERISA qualified and non-qualified plans and benefits.
What Employment Benefits or Executive Compensation Might Be Divided at Divorce?
Employee-compensation plans and executive-compensation benefits and plans that could be part of a property division include:
- Stock options and restricted stock plans
- Stock-purchase plans
- Retirement benefits, such as defined-benefit pensions and defined-contribution plans (401[k]) governed by ERISA
- Non-qualified retirement benefits, such as supplemental retirement, “top hat” or “benefit restoration” plans
- Profit-sharing plans
- Executive-bonus plans
- Compensation arrangements included in partnership agreements
What Is a QDRO?
A qualified domestic relations order (QDRO) establishes the right of one spouse to receive all or part of the other spouse's interest in a retirement plan governed by ERISA.
How Do You Determine Who Receives the Proceeds and How Much?
In many cases, the proceeds are part of a property settlement in a divorce. The amount and terms of the QDRO can be negotiated between the parties or decided by a judge. Many factors go into the determination of what percentage or dollar amount will go to one spouse or the other.
You should consult a skilled attorney who has experience with and an understanding of both QDROs and employee and executive compensation.
For additional information about us and the quality of our services, please visit our Benefits of Retaining the BKeen Firm page.
To schedule a confidential consultation with Ms. Keen to discuss your options and to retain her services for your divorce or QDRO matter, please call us at (713) 972-1320 or fill out our intake form and we will contact you.
