We are delighted to announce that our physical office is re-opening to our existing and new clients. To provide safety to both our clients and staff, we are adapting the CDC guidelines for social distancing while we are in the yellow phase. Rest assured, that we have and will continue to regularly clean all areas of the office especially the high-traffic areas. All attorneys and staff will have their temperature taken daily and will be wearing masks when interacting with clients. Any attorneys and staff with a temperature of 100.4 degrees Fahrenheit or higher will work remotely. They will then be required to follow CDCrecommended steps, including not returning to work until the CDC criteria to discontinue home isolation are met.

As the health and safety of our clients and their families is our top priority, we are asking that our clients follow the procedures below during the yellow phase:

  1. Upon entering the building, we ask that all persons wash their hands or hand-sanitize. We will be providing access to soap, hand sanitizer and disinfectant wipes.
  2. We will also be taking temperatures with non-contact thermometers upon entering the office.
  3. Our office is set-up to comply with social distancing of six feet. In the conference and mediation rooms we are asking that each person sit a minimum of one chair apart from attorneys and/or staff at all times.
  4. Masks are available and will be provided open request.
  5. Teleconferences Zoom meetings, and FaceTime are available in lieu of inperson meetings if requested.
  6. We will continue to have the drop-box available for delivery of documents.

In the event that anyone is sick or have been exposed to COVID-19, we ask that you reschedule your appointment or utilize the electronic forums listed above.

As each county determines the procedures that will be followed, please ask your attorney of the specific procedures regarding the county in which your case in pending.

Please note that we will also continue to accommodate the needs of new clients, who are welcome, and as always we encourage and appreciate referrals. During this uncertain and unprecedented time, please stay safe and remember that Sweeney Law Office, LLC will remain by your side for all of your family’s legal needs. We ask that you have patience during this challenging time.

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How can you divide up your 401k in a divorce?

When making a mental inventory of the assets you expect to be included in your property division proceedings in Cranberry Township, you likely failed to include your 401k. Remember that the money used to fund your 401k comes largely from your income, which makes any contributions made to your account during your marriage subject to property division. Yet how can you share assets from your 401k with your ex-spouse without having to deal with those hefty early withdrawal penalties? 

You could always try to avoid altogether having your 401k included amongst your marital assets. According to the 401k Help Center, the way to do this is to approach your ex-spouse with the proposal of your relinquishing your claim to a marital asset provided that they give up their interest in your 401k. This may work to their advantage if there is a certain marital asset they cover, yet be aware that the potential of added income earned from interest from their own 401k account may prompt them to reject such an idea. 

If they insist on collecting their portion of your 401k contributions, you can disperse them in one of two ways. The first would be to roll their portion into their own retirement account. This would afford them the aforementioned benefit of earning interest on those funds. The other would be for them to cash out their portion in a single lump sum. Whereas such an action would normally invoke an early withdrawal penalty (if you have to reach the age of retirement), divorce is one of the few situations where you can withdraw from a 401k account without a penalty. Income tax must be paid on the dispersal, however. Thus, you should ensure that your agreement stipulates that your ex-spouse shoulders that expense should they withdraw their portion. 

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