--- title: Our Blog - AMF Divorce | Retirement Planning description: Retirement Planning | From mortgage professionals to therapists to attorneys, the team at A.M. Financial works closely with these types of professionals. --- ## A.M. Financial - [Services](https://amf-divorce.com/divorce-transition-services) - [Service Plan](https://amf-divorce.com/service-plan) - [Frequently Asked Questions](https://amf-divorce.com/frequently-asked-questions) - [Our Blog](https://amf-divorce.com/our-blog) - [About Amy](https://amf-divorce.com/about-amy) - [Contact Us](https://amf-divorce.com/contact-us) - [Services](https://amf-divorce.com/divorce-transition-services) - [Services](https://amf-divorce.com/divorce-transition-services) - [Service Plan](https://amf-divorce.com/service-plan) - [Frequently Asked Questions](https://amf-divorce.com/frequently-asked-questions) - [Our Blog](https://amf-divorce.com/our-blog) - [About Amy](https://amf-divorce.com/about-amy) - [Contact Us](https://amf-divorce.com/contact-us) [Book a Meeting](https://calendly.com/amymahlenmelander/consultdivorcefinancialplanning) Posts about # Retirement Planning ## [What Cases Benefit Most from Mediation?: An Interview with Tia Zavaras](https://amf-divorce.com/our-blog/what-cases-benefit-most-from-mediation-an-interview-with-tia-zavaras) September 01, 2026 Mediation gets recommended constantly in divorce, but it isn't a one-size-fits-all solution. To dig into when it actually works, and when it doesn't, I sat down with divorce attorney and divorce... [CONTINUE READING](https://amf-divorce.com/our-blog/what-cases-benefit-most-from-mediation-an-interview-with-tia-zavaras) ## [What is a Qualified Domestic Relations Order (QDRO)?](https://amf-divorce.com/our-blog/what-is-a-qualified-domestic-relations-order-qdro) May 01, 2023 Divorce will introduce you to a whole new set of legal and financial terminology, as well as acronyms. Understanding the processes, steps, and orders are essential to having a successful financial... [CONTINUE READING](https://amf-divorce.com/our-blog/what-is-a-qualified-domestic-relations-order-qdro) ## [Decoding Divorce: Stock Options & Restricted Stock](https://amf-divorce.com/our-blog/decoding-divorce-stock-options-restricted-stock) March 09, 2023 As part of evaluating your total marital estate, various types of stock might come into play. Two of the most confusing of those stocks include stock options and restricted stock, which need... [CONTINUE READING](https://amf-divorce.com/our-blog/decoding-divorce-stock-options-restricted-stock) ## [Retirement Savings Plans in 2023: What to Expect](https://amf-divorce.com/our-blog/retirement-savings-plans-in-2023-what-to-expect) June 01, 2022 You may have heard about the big changes coming to retirement plans and savings options in 2023. Both changes, made by the IRS, benefit employees or those saving for retirement. These changes were... [CONTINUE READING](https://amf-divorce.com/our-blog/retirement-savings-plans-in-2023-what-to-expect) ##### About Amy With compassion and patience, Amy focuses on her client’s unique priorities to build a financial road map that provides clarity to make informed decisions today regarding the future. ##### Links - [Home](https://amf-divorce.com) - [Services](https://amf-divorce.com/divorce-transition-services) - [Our Blog](https://amf-divorce.com/our-blog) - [About Amy](https://amf-divorce.com/about-amy) - [Contact Us](https://amf-divorce.com/contact-us) - [Schedule a Meeting](https://calendly.com/amymahlenmelander) ©2026 Copyright. All rights reserved. A.M. Financial provides supporting financial information, evaluation and analysis to be utilized by the client and the client’s selected attorney if directed, during the process of their divorce. ervices provided in regards to this agreement are solely fee-only and do not involve investment or security advice or insurance transactions. All information is financial in nature and should not be construed or relied upon as legal or tax advice. A.M. Financial IS NOT AN ATTORNEY AND DOES NOT PROVIDE LEGAL OR TAX ADVICE. Individuals are encouraged to seek competent legal and tax advice from professionals who specialize in divorce and tax laws in their respective state. Amy Melander (CRD #4692263) is an Investment Adviser Representative of OneDigital Investment Advisors, LLC (ODIA). ODIA and A.M. Financial are independent and unaffiliated entities. ODIA does not offer or provide divorce financial planning services and any statements and/or opinions expressed by A.M. Financial do not represent the views and/or opinions of ODIA.   This website is a publication of A.M. Financial. Information presented is believed to be factual and up-to-date, but we do not guarantee its accuracy and it should not be regarded as a complete analysis of the subjects discussed. All expressions of opinion reflect the judgment of the authors as of the date of publication and are subject to change. Content should not be viewed as personalized investment advice or as an offer to buy or sell, or a solicitation of any offer to buy or sell the securities mentioned herein. A professional adviser should be consulted before implementing any of the strategies presented. Certified Financial Planner Board of Standards Inc. owns the certification marks CFP®, CERTIFIED FINANCIAL PLANNER™, CFP® (with plaque design) and CFP® (with flame design) in the U.S., which it awards to individuals who successfully complete CFP Board’s initial and ongoing certification requirements. ```json { "@context" : "http://schema.org", "@type" : "BlogPosting", "articleBody" : "Mediation gets recommended constantly in divorce, but it isn't a one-size-fits-all solution. To dig into when it actually works, and when it doesn't, I sat down with divorce attorney and divorce coach Tia Zavaras, founder of Evolved Law, who has spent years living the process and thinking about how to make it gentler and more effective for the families going through it. Here's what she shared. What Cases Benefit Most from Mediation? Mediation tends to work well, Tia explained, when both spouses have, or can get to, a clear, shared understanding of the marital estate. It also helps when there's at least a reasonable level of trust between the parties, or at minimum a genuine willingness to negotiate in good faith, even if the relationship itself has broken down. Representation matters too, though not in an all-or-nothing way: cases go more smoothly when both parties are represented, or when an unrepresented party is genuinely comfortable navigating the process on their own. Underlying all of it, financial disclosures need to be complete and verified before anyone sits down at the table. Without that foundation, Tia noted that mediation tends to produce agreements that look resolved but aren't actually built on solid ground. When Is Mediation Not Appropriate? On the flip side, Tia was direct about when mediation isn't the right fit. If one spouse controls all the financial information and the other hasn't yet had a chance to understand the marital estate, mediation can end up locking in an imbalance rather than resolving it. The same is true when there's a documented pattern of coercive control or financial or domestic abuse. In those situations, the power dynamic in the room can overwhelm the process itself. And she flagged one pattern in particular: when one party is using speed as a strategy, pushing to reach an agreement before the other side has had time to get informed. That's not mediation working as intended, and mediation is suddenly used as leverage. How Do Financial Imbalance or Coercive Control Change Things? This is where Tia's perspective as both an attorney and a coach really came through. When one spouse has historically managed all the money, such as investments, retirement accounts, and business finances, and the other has been kept at a distance from that information, walking into mediation without addressing that imbalance first can lock in a deeply unfair outcome. In these situations, she emphasized that it's essential to build a complete financial picture before mediation even begins, ideally with a CDFA involved, and, where appropriate, a therapist or divorce coach to help address the emotional dynamics at play. Mediation isn't off the table in these cases, she noted, but walking in unprepared absolutely is. Does High Conflict Rule Out Mediation? Not necessarily, according to Tia. A skilled, neutral mediator can actually be more useful in a high-conflict case than a courtroom would be, where both parties get a limited window of time in front of a judge who doesn't know their family's history. What matters more than the conflict level itself, she said, is whether both parties come in with complete, accurate financial information and a genuine willingness to negotiate, even if that negotiation is tense every step of the way. What Financial Information Should You Have Before Mediation? From a preparation standpoint, Tia pointed to a few non-negotiables: a complete, verified sworn financial statement; a full list of assets and debts, including retirement accounts, investment accounts, and any business interests; and a clear understanding of the tax character of each asset, since a retirement account and a taxable account with the same balance are not always financially equivalent. She also stressed having a basic post-divorce budget in hand, along with clarity on how spousal maintenance guidelines might apply to your specific situation. Walking into mediation without these pieces in place, she said, is walking in blind. Can Mediation Succeed Without a Full Financial Picture? Tia was blunt on this point: not really, or at least not fairly. Agreements made without full financial clarity tend to look reasonable on paper and turn out to be lopsided in practice once the details are actually understood. This, she said, is the single biggest reason financial disclosure has to come before mediation, not during it, and certainly not after. The Biggest Misconception When I asked Tia what she wished more people understood about mediation, she didn't hesitate: that it's either fully mandatory or entirely optional. In reality, it's neither. It's a required step before litigation in most cases, and a powerful voluntary tool before that, but only when both parties are genuinely prepared to use it well. Tia's closing thought was simple. Mediation is a tool, not a finish line. Whether you're required to attend or choosing to go voluntarily, walking in with complete financial information is what determines whether that tool works for you, or against you. If you have questions about preparing for mediation or understanding your financial disclosures before you negotiate? Reach out to CFDA Amy Mahlen or Attorney Tia Zavaras as this is exactly the kind of preparation they help clients through every day.", "author" : { "@type" : "Person", "name" : "Amy Mahlen", "sameAs" : "", "url" : "https://amf-divorce.com/our-blog/author/amy-mahlen" }, "dateModified" : "01/09/2026", "datePublished" : "01/09/2026", "headline" : "What Cases Benefit Most from Mediation?: An Interview with Tia Zavaras", "image" : { "@type" : "ImageObject", "height" : 400, "url" : "https://39875594.fs1.hubspotusercontent-na2.net/hubfs/39875594/Imported_Blog_Media/qtq80-fMCIZ6-2048x1365.jpeg", "width" : 750 }, "mainEntityOfPage" : "https://amf-divorce.com/our-blog/what-cases-benefit-most-from-mediation-an-interview-with-tia-zavaras", "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "" }, "name" : "A.M. Financial", "url" : "amf-divorce.com" } } ``` ```json { "@context" : "http://schema.org", "@type" : "BlogPosting", "articleBody" : "Divorce will introduce you to a whole new set of legal and financial terminology, as well as acronyms. Understanding the processes, steps, and orders are essential to having a successful financial future. When you work with a financial expert, especially one who has experience supporting the divorce process, you’ll have peace of mind knowing you have the right orders in place to secure your portion of the retirement funds which in some cases requires Qualified Domestic Relations Orders (QDROs). In this post, we outline what you need to know about QDROs. QDROs Defined A Qualified Domestic Relations Order is a type of domestic relations court order, judgement, or decree that could pertain to property rights, spousal support, or child support. It assigns one party the right to receive some or all of the benefits of a retirement plan. More specifically, a QDRO requires that a portion of a private sector employer retirement plan be assigned or paid to a spouse in the case of a divorce. QDROs are used for employer plans that are subject to ERISA laws, which include 401Ks, profit sharing plans, and pension plans. Accounts that do not require a QDRO include IRAs, Roth IRAs, Simple IRAs, and SEP-IRAs (which require applicable custodian transfer forms that are unique to each institution). Most public employer plans such as PERA (in Colorado), Thrift Savings Plans, Federal Employee Retirement System, and Civil Service Retirement System have their own unique process and forms. You may wonder why you need this special documentation when most of your assets can be divided and agreed upon in your divorce decree. Retirement accounts are a little different. A retirement plan administrator can not legally split the participant’s funds to pay the former spouse following a divorce without a QDRO. In your divorce, you must hire a qualified expert to draft a QDRO that outlines the terms of your agreement as they relate to the employer retirement plan. A retirement plan administrator must approve and accept these terms before it is submitted to the court for final signature and subsequent processing. Take steps to get your QDRO started early as the total process of getting a QDRO drafted, approved, and processed usually takes a minimum of three months if your situation is not complex and documentation is in good order. The sooner a QDRO is processed post-divorce, the less likely you are to experience complications and potential conflicts that can arise concerning the division. Challenges that can surface include changes in account values, unanticipated death of the account owner, beneficiary issues, and estate problems. Acting early can help minimize post-divorce court proceedings, resolve issues proactively, allow both parties manage their finances appropriately, and help everyone move forward. Tax Implications When outlining a QDRO, there are no tax consequences for transferring funds for either party, as long as the beneficiary spouse deposits those funds into a retirement account like an IRA rollover or other qualified employer account. However, if the receiving spouse would like to withdraw from their portion of funds awarded through the QDRO, that can be written into the order. In this case, the beneficiary spouse can do so and avoid the 10% early withdrawal penalty (if they are not 59 ½ years old). However, those funds will still be subject to regular income taxes and mandatory tax withholdings (if applicable). Once the QDRO is complete and the assets are divided, this QDRO exception to the 10% early withdrawal penalty does not apply. This exception is also only available to the receiving spouse and not the employee spouse who owns the account who must continue to follow allowable withdrawal instructions available to the plan. Issues to Consider In our experience, some common issues arise that require extra consideration in this process. Some of those top issues to talk with an expert about include: Date of Division: This will need to be agreed upon in the QDRO. It is typically the final decree date but there could be reasons to choose another date. Type of Division: You can divide the retirement accounts in different ways, such as a percentage or dollar split. This decision can be affected by the value of the account in a fluctuating market and/or future value expectations. The values you see during the QDRO process could change (even significantly) by the time you actually split up the accounts due to market volatility and the types of investments you have in the portfolio. If the receiving spouse is worried that the account may lose value in the future before the QDRO is complete, they can request that the employer spouse provide their portion in cash so that it is not subject to possible market losses before the transfer is complete. It is wise to speak with a CDFA to understand whether this is appropriate for your situation. Beneficiary changes: Outlining when beneficiary changes can be made, which is usually after the QDRO is complete. Comprehensive evaluation: If the employee spouse is the business owner of the plan, take extra precautions to ensure that not only the employer portion is being accounted for in the QDRO. Owner amounts could also be considered marital property and therefore possibly subject to division, in addition to the employee portion. Pension Plan Payouts: Each plan is set up differently regarding when a previous spouse (also referred to as ‘alternate payee’) can begin taking benefits. For example, some plans may only allow for an alternate payee to begin receiving payments after their ex-spouse ‘retires’ or begins taking benefits themselves. Other plans may allow the alternate spouse to begin payments any time after a specific age, regardless of whether the ex-spouse is ‘retired’ or has started receiving benefits themselves. Pension Plan Survivorship issues: It is important to review and understand how the retirement plan will operate in the event of the participant’s death and how it could affect the survivors benefit after a QDRO is completed. Plans vary significantly, which could affect the overall property division suitability. Getting the right support early in your divorce is critical to successfully addressing the complexity of a QDRO. The team at A.M. Financial can help. A CFDA is your ally in this process and can help protect your financial future and retirement savings. As part of a holistic financial plan, based on your goals and vision, we can help you understand not only how a QDRO works, but also how to prevent an unexpected tax bill when you divide retirement assets. If you would like to learn more about our services, contact us for a complimentary consultation.", "author" : { "@type" : "Person", "name" : "Amy Mahlen", "sameAs" : "", "url" : "https://amf-divorce.com/our-blog/author/amy-mahlen" }, "dateModified" : "01/05/2023", "datePublished" : "01/05/2023", "headline" : "What is a Qualified Domestic Relations Order (QDRO)?", "image" : { "@type" : "ImageObject", "height" : 400, "url" : "https://cdn2.hubspot.net/hubfs/39875594/Imported_Blog_Media/qtq80-DvnTO4.jpeg", "width" : 750 }, "mainEntityOfPage" : "https://amf-divorce.com/our-blog/what-is-a-qualified-domestic-relations-order-qdro", "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "" }, "name" : "A.M. Financial", "url" : "amf-divorce.com" } } ``` ```json { "@context" : "http://schema.org", "@type" : "BlogPosting", "articleBody" : "As part of evaluating your total marital estate, various types of stock might come into play. Two of the most confusing of those stocks include stock options and restricted stock, which need special evaluation in your divorce and asset division. In this post, we decode what these stock types mean and some common pitfalls to watch out for as you evaluate how to handle them in your divorce. What are Stock Options? Stock options are rights and agreements that allow an employee to buy a company stock at a predetermined price in the future. Stock options are often part of a total compensation package to employees of publicly traded companies. Stock options are considered “exercised” when you purchase shares of a stock at the set price defined in your option agreement or grant. Often you will “exercise” or buy stock when your “exercise price” is lower than market price – this provides an immediate gain. However, if the exercise price is higher than the market price the options are considered to be “under water” and essentially worthless because the shares could be purchased on the open market without a benefit of the stock options. Valuing stock options can be challenging because the future stock price is unknown and can fluctuate up or down. What is Restricted Stock? On the other hand, restricted stock is a form of equity compensation. Often called restricted stock units or RSUs, shares are granted to an employee but subject to a vesting schedule and other possible stipulations before the employee becomes an actual owner of the stock shares. Employees of publicly-traded or private companies may be awarded RSUs that vest at certain employment milestones (one year, three years, five years, etc) and any unvested funds are lost completely upon termination of employment. Avoiding Pitfalls There are a number of financial pitfalls to avoid while managing how to evaluate stock options and RSU’s throughout your divorce. Don’t Skip Discovery –If you haven’t been closely involved in your finances during your marriage, or aren’t sure if your spouse has stock options or RSUs, you may have to request a formal discovery of documents to learn if they exist. Often, stock options and RSUs aren’t on tax forms, W2s, or other documents until exercised or vested, so you can’t obtain information on these financial benefits through normal financial reviews. If you and your attorney request a discovery, you may be able to get access to this type of information through requests for information to HR or have an attorney send a letter to subpoena records detailing all benefits provided by your spouse’s employer. Don’t Ignore Because Complex- Avoid the pitfall of ignoring these assets because they are complex, confusing, or require additional discovery steps. This can be compounded by not defining a clear value for these stocks, especially if they are not yet fully vested or private stock. In these cases, stock options and RSUs might not be subject to division and it is best to discuss this with your attorney and financial planner. Don’t Forget About Tax Consequences- Lastly, don’t overlook the tax consequences of division, which can be complex with these types of investments. As mentioned above, when stock options or RSUs are vested or sold, they are usually taxed to the spouse who is employed by the company that awards them. Therefore, any proceeds provided to an ex-spouse in an asset division should be after-tax proceeds, and it is essential to determine what percentage after-tax proceeds will be. Stock Options: The tax consequences are different for ‘qualified stock options’ versus ‘non-qualified’. Non-qualified options can trigger taxes at higher ordinary income rates when the options are exercised and are subject to capital gains tax rates when sold. Qualified stock options can qualify for lower capital gains tax rates if the options have been held for 2 years after the grant date or one year after the options have been exercised, whichever is later. Restricted Stock Units (RSUs): RSUs are taxed as ordinary income at the time of vesting. Don’t Overlook Ownership Issues- There can also be ownership issues with these types of investments. For instance, usually ownership can not be transferred to the non-employee spouse post-divorce. This means one spouse would need to rely on the employed spouse for future information, to carry out liquidation instructions when provided, among other items that are required. This can be difficult to do if the relationship is strained. There is much more to uncover relative to stock options and RSUs and working with a financial professional alongside an attorney can ensure that you get a fair portion of these important assets without significant tax consequences. The discovery and subpoena process can take extra time, so it is best to start the process early to ensure you have the time you need to negotiate the best division of these assets based on your financial goals. Contact A.M Financial to schedule a consultation where we can learn more about the circumstances surrounding your divorce and support your needs on this topic and more.", "author" : { "@type" : "Person", "name" : "Amy Mahlen", "sameAs" : "", "url" : "https://amf-divorce.com/our-blog/author/amy-mahlen" }, "dateModified" : "09/03/2023", "datePublished" : "09/03/2023", "headline" : "Decoding Divorce: Stock Options & Restricted Stock", "image" : { "@type" : "ImageObject", "height" : 400, "url" : "https://cdn2.hubspot.net/hubfs/39875594/Imported_Blog_Media/qtq80-sYGkB0.jpeg", "width" : 750 }, "mainEntityOfPage" : "https://amf-divorce.com/our-blog/decoding-divorce-stock-options-restricted-stock", "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "" }, "name" : "A.M. Financial", "url" : "amf-divorce.com" } } ``` ```json { "@context" : "http://schema.org", "@type" : "BlogPosting", "articleBody" : "You may have heard about the big changes coming to retirement plans and savings options in 2023. Both changes, made by the IRS, benefit employees or those saving for retirement. These changes were driven by inflation and the associated macroeconomic impacts. In this blog post, we’ll discuss what to expect in 2023 and how to handle these retirement plan changes. Contribution Changes Every type of retirement account has maximum contributions you can make annually and/or maximum income levels that allow you to contribute. For 2023, the IRS has increased the maximum you can contribute to retirement accounts. This increase is historically one of the biggest jumps that we have ever seen. Specifically: 401K employee deferrals are increasing from $20,500 to $22,500. – Those over 50 years of age can contribute an additional $6,500. – IRA and Roth IRA maximum contributions are increasing from $6,000 to $6,500. Those over 50 years of age can contribute an additional $1,000. – The max income you can have to contribute to a Roth IRA has changed from $138,000 to $153,00 for head of household or single filing status. – The maximum is $228,000 for joint filers. While this seems like positive news, you might wonder how this impacts your retirement savings strategy. As mentioned, these changes keep retirement needs in line with costs of living, considering inflation. With these changes, it is encouraged for employees to max out their 401K and IRAs if their budget permits. It’s almost always recommended that employees max out their 401K to the point of getting a full employer match (which can be 1-10%) and is important to review with your financial advisor. Everyone’s financial situation is unique and by working with a financial advisor to create a budget that takes into account all your financial obligations, from mortgage payments to student loans, you can best take advantage of this change and its related tax benefits. Employer-Mandated Retirement Plans In the state of Colorado, there is a new mandate that employers with five or more employees must provide a retirement plan to employees. This plan is called the Colorado Secure Savings Program and it is essentially a Roth IRA with no required employer match. While it might not appear to provide direct benefits to small business employees who didn’t previously have a plan, it is a step in the right direction for those employed by a small business without retirement benefits. For example, many divorcees who work for small employers may not have previously had the ability to participate in a retirement savings plan therefore they didn’t save for retirement. Some of these employees may have previously been stay-at-home moms and don’t understand how to begin a retirement savings plan. While no employer plan can provide retirement resources to women who are simply stretched too financially thin to save, this new mandated plan is a great opportunity for women who work for small businesses to have access to the resources they need to increase their retirement savings. It’s an easily accessible way for more people to save in general. As always, it is always best to review your savings strategies with your financial advisor to determine what is best for you. While there are big changes coming to retirement accounts in 2023, they may not require significant changes to retirement planning on your end. However, even minor changes can have a big impact overtime. That’s why it is important to work with a financial planner to get all the benefits of these inflation-driven updates to retirement savings limits, and the new year is a great time to start thinking about saving in new ways.", "author" : { "@type" : "Person", "name" : "Amy Mahlen", "sameAs" : "", "url" : "https://amf-divorce.com/our-blog/author/amy-mahlen" }, "dateModified" : "01/06/2022", "datePublished" : "01/06/2022", "headline" : "Retirement Savings Plans in 2023: What to Expect", "image" : { "@type" : "ImageObject", "height" : 400, "url" : "https://cdn2.hubspot.net/hubfs/39875594/Imported_Blog_Media/qtq80-oEckXY.jpeg", "width" : 750 }, "mainEntityOfPage" : "https://amf-divorce.com/our-blog/retirement-savings-plans-in-2023-what-to-expect", "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "" }, "name" : "A.M. Financial", "url" : "amf-divorce.com" } } ```