Family Law + Divorce

Is my spouse entitled to a share of my retirement account?

Family Law + Divorce

That depends. If the account is marital property, then it can be divided. How and when that occurs is often based upon the terms of the retirement plan you are dividing. Often, a court order is required to divide a retirement plan. Alternatively, you can enter into an agreement to each keep your own retirement account or to not include the accounts in your equitable distribution calculation.

If you need to divide a retirement account, there are ways to avoid tax penalties. For the best possible outcome, a lawyer can help you navigate this process.

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