If you are a working professional, then a retirement benefit plan always aligns with you. You are earning today and have a good plan for the future. Have you ever had a question popping into your mind, “Are retirement accounts marital property?”
This is a common concern that arises in almost everyone’s mind. But why not resolve it? Yes, it is an important concern that needs to be solved. So, let’s discuss!
Divorce And Marital Property
If we talk about divorce, then it is a complex, emotional, and financial issue. When it comes to the division of a pension, it becomes necessary to understand that retirement accounts are joint property.
So, what is joint property or marital property? Joint property refers to assets acquired by one of the spouses during the marriage. This asset can include real estate, bank accounts, pension accounts, and other properties that the employed spouse earned after the marriage.
So, are retirement accounts in a divorce considered marital property? Usually, the answer is yes. If you or your spouse contributed to a retirement benefits account or plan during the marriage, then by default, it becomes a joint asset, which will then be divided between both spouses as per the court orders.
Are Retirement Accounts Marital Property?
It is not as simple as it looks. In general, the retirement account is in the name of the working spouse, but when we talk about divorce and division, it can be termed as the joint account.
So, the question “Are retirement accounts joint property?” The answer is yes, retirement accounts are marital property or joint property. This means that at the time of divorce, by the court order or QDRO, the benefits and money related to the retirement plan are divided between both spouses. And this separation includes almost all retirement benefits like 401(k), savings accounts, and others.
However, only the benefits and money acquired during the marriage are subject to division, and the assets collected before marriage are considered as separate property. So, if you have $50,000 in your 401(k) before marriage and it grows to $120,000 after marriage, then only the extra $70,000 will fall in the division during a divorce.
Wondering about spousal rights in retirement benefits? Learn more here : How Long Do You Have To Be Married To Get Half Of Retirement In Texas?
Are Retirement Accounts Marital Property in Community Property States?
In different states, the laws and regulations for the division process may vary when it comes to pension division. The U.S. has two major property systems: equitable distribution states and community property states.
In community states such as California, Texas, etc., the accounts, investments, and other benefits acquired during the marriage are considered as joint or marital property, and a 50/50 split typically happens. So, in these states, the answer to “Are retirement accounts marital property?” is almost yes.
In equitable distribution states, equitable doesn’t always mean equal division. A fair division is applied by the ruling court in such states. The division can or cannot be equal based on some factors, like the length of marriage, income, health, future potential, etc.
How Do I Protect My Retirement Account In A Divorce?
As the retirement benefits or pension is considered as marital or joint property, it is difficult or next to impossible to avoid division during a divorce.
But there are some tips by which a clear and profitable division may occur :-
- Proper Documentation :- Consult an expert attorney who has similar work experience. By this practice, you can avoid extra or unfair loss of retirement money and benefits.
- Offsetting Assets :- You can negotiate with your ex-spouse by proving some other asset equal to the retirement amount.
- Qualified Domestic Relations Order :- At the end of the division processing, you can fairly share your pension benefits with your ex-spouse based on the criteria given in the QDRO.
What Types of Retirement Accounts Are Subject To Division?
Some retirement plans and accounts fall under the division during a divorce :-
- 401(k) :- This is an employer-sponsored account plan that can be used for investment to increase money. This account is subject to division under the QDRO.
- IRA :- Individual Retirement Arrangement, or IRA, is a type of retirement savings plan. For this QDRO is not required; only good tax advice is needed.
- Pension :- Division of this is even more complicated. Actuarial valuation and QDRO may be required for the split.
- Military Pension :- Military pension plans are the same as others, but they apply an eligibility criterion, which is that the marriage should be at least 10 years long.
Final Thoughts- Are Retirement Accounts Marital Property
So, are retirement accounts marital property? Generally, yes, retirement accounts are considered marital property, but there is a twist: the benefits you get or acquire before you get married are not considered marital property instead, it is considered separate property.
But the division of these benefits may vary from state to state based on related laws and regulations. All accounts acquired, like 401(k), IRA, etc., are involved in the division. If you are going through such a situation, then please consult an expert legal advisor.
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Frequently Asked Questions
Do retirement accounts get split in a divorce?
Yes, retirement account benefits are divided between both spouses in a divorce.
Are retirement accounts joint or separate?
A retirement account is not a joint account, and the benefits acquired after the marriage or during the marriage are subject to division during divorce.
How much of my retirement is my ex-wife entitled to?
In general, your wife is a 50% partner in your retirement benefits. But this percentage may vary based on different regulations.
