Quit Saying “Marital Share” and Start Saying What You Mean

Remarkable attorneys don’t deal with ambiguity. They don’t hide behind vague terms like “marital share” and hope no one asks too many questions. Instead, they spell things out! They know that precision today saves their clients from nightmares tomorrow.?

The Mirage of “Marital Share”?

"Marital share”—it sounds solid, doesn’t it? Like you’ve dotted the i’s and crossed the t’s. But what you’ve really done is hand your clients a treasure map with half the clues missing. Back when pensions ruled, defining the marital share was easy. Plan administrators handled it for you. But now in a landscape full of 401(k)s, IRAs, and 403(b)s, the game has changed. Plan administrators won’t do the math. They leave that to you—or worse, to your clients.?

Clarity Isn’t a Bonus—It’s Essential?

“Wife shall receive 50% of the marital share from the Husband’s Fidelity 401(k).” Looks simple on paper, right? But who defines that marital share? Who decides what’s fair? The plan administrator? The court? None of them! It’s a mess waiting to happen.?

You wouldn’t draft a real estate contract with loose terms. Why treat retirement assets any differently??

The Price of Ambiguity?

Ambiguity invites disputes, extra costs, and frustration. It’s your client who pays the price—literally. That’s because a QDRO expert must then be hired to try to interpret what should have been clear from the start.??

Do It Right, Not Fast?

So take the extra step to define every term. Specify the valuation date. Spell out how gains and losses will be handled. Be clear, even if it takes a little longer.?

Being remarkable starts with saying what you mean. Ambiguity is the easy way out, but remarkable attorneys don’t do easy—they do what’s right. They create agreements that protect their clients, not just for today, but for the long road ahead.??

Your clients deserve that. And so do you.?