How do you split a retirement account in a divorce?
Divorce and separation decrees allow the attachment of qualified-plan assets by the ex-spouse of the plan owner if the spouse uses a Qualified Domestic Relations Order. This decree is used to divide qualified-retirement\u2013plan assets between the owner and their current or ex-spouse or children or other dependents.
Is retirement a marital property?
Retirement accounts are marital property, which means they are subject to equitable distribution. Depending upon the length of the marriage, the funds deposited in the retirement account(s) before the marriage are reserved to the individual who brought them into the marriage rather than being divisible.
How is retirement calculated in a divorce?
One of the methods used to calculate your former spouse’s community property interest is the “time rule formula.” Your pension benefit. Divide the service credit from date of marriage until date of separation by your total service credit. Multiply by your pension benefit.