Category Archives: General News


Four From Owen & Owens named to 2012 Virginia “Super Lawyers”

Posted on October 26, 2012 in General News

MIDLOTHIAN, VA (October 26, 2012) – The law firm of Owen & Owens is proud to announce that its three founding partners and one of its senior associates were all voted by their peers for the 2012 edition of Virginia Super Lawyers®. W. Joseph Owen III and Mary Burkey Owens were named to Virginia Super Lawyers.

Samuel J. Kaufman Named to Style Weekly’s Top 40 Under 40

Posted on October 16, 2012 in General News

Founding Partner Samuel J. Kaufman Selected for Top 40 Under 40 Honors
MIDLOTHIAN, VA (October 30, 2012) – The law firm ofOwen & Owens is proud to announce that one of its founding partners, Samuel J. Kaufman, recently received a Top 40 Under 40 award from both The National Trial Lawyers and Style Weekly.

Jeremiah Yourth to be Honored by the Cystic Fibrosis Foundation

Posted on May 02, 2012 in General News

Owen & Owens attorney Jeremiah Yourth will be honored by the Cystic Fibrosis Foundation as an outstanding young professional based on his demonstration of leadership qualities, participation in volunteer roles, and success in the local business community. In accepting this distinction, Jeremiah has committed to raise money to help the Foundation realize its mission of controlling and curing cystic fibrosis.

Dividing Military Retirement Pay

Posted on March 25, 2012 in General News

The retirement benefits of members of the military are also not divided using a QDRO because these benefits are not subject to ERISA. Instead, military retirement pay is divided using a Court Order, which will meet all the requirements of the relevant federal laws and regulations. Central to the division of military retirement pay is the Defense Finance and Accounting Service (“DFAS”),

Dividing Federal Civil Service Retirement Benefits

Posted on March 15, 2012 in General News

The retirement benefits of federal civil servants are not divided using a Qualified Domestic Relations Order (“QDRO”) because these benefits are not subject to the Employee Retirement Income Security Act (“ERISA”). Instead, the retirement benefits of federal civil servants are divided using a Court Order referred to as a “Court Order Acceptable for Processing”

Smartphones, Your Privacy (or lack thereof), and the 4th Amendment

Posted on March 05, 2012 in General News

It is difficult to imagine how the generations before us survived without the technology available today. I know books helped, but Google provides answers in seconds. Data, translations, email, directions, and the answers to even the most random questions are instantaneously delivered upon request. Now, with smartphones we carry these capabilities,

Dividing Defined Benefit Plans

Posted on February 29, 2012 in General News

A defined benefit plan is an employer-sponsored retirement plan where employee benefits are determined pursuant to a formula which may involve factors such as salary history, duration of employment, or other criteria. Pensions are examples of defined benefit plans.
In the context of a divorce, the Court may award the non-participant spouse up to 50% of the “marital share”

Second Chance Per Hernandez: Shifts Responsibility to Defendants

Posted on February 17, 2012 in General News

The condensed story for Hernandez is that he was charged with feloniously assaulting a police officer in violation of Va. Code § 18.2-57(C). The lower court held that the court did not have the authority to defer disposition (even though such a result might be appropriate), as the defendant was not charged with a crime that had been specifically designated by the Virginia legislature as eligible for such deferment.

Dividing Defined Contribution Plans

Posted on February 05, 2012 in General News

A defined contribution plan is an employer-sponsored retirement plan where the amount of the employer's annual contribution is specified and the employee can also elect to make contributions. 401(k) plans and profit-sharing plans are examples of definedcontribution plans.
In the context of a divorce, the Court may award the non-participant spouse up to 50% of the “marital share”

Dividing Retirement Benefits in Divorce

Posted on January 31, 2012 in Divorce, Family Law

One category of assets that causes much confusion for clients in the context of dividing property and debts in a divorce action is retirement benefits. The term “retirement benefits” includes defined contribution plans such as 401(k) plans and profit sharing plans, as well as defined benefit plans such as pensions.
Section 20-107.3(G) of the Code of Virginia addresses how these benefits are to be divided: “Upon consideration of the factors set forth in subsection E,