How are retirement funds split in divorce?

November 27, 2020 Admin

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How are retirement funds split in divorce?

In general, three common methods are used to divide pension assets:Present value/cash out method, in which the ex-spouse receives a lump sum settlement;Deferred division method, in which no present value is determined, and each spouse is granted a share of benefits if and when they are paid by the plan;

Is my 401k considered marital property?

Any funds contributed to the 401(k) account during the marriage are marital property and subject to division during the divorce, unless there is a valid prenuptial agreement in place. For example, if your spouse also has a retirement account worth a similar amount, you may each decide to keep your own accounts.

What does equitable distribution mean in a divorce?

Equitable distribution is a legal theory whereby marital property is distributed equitably in a divorce proceeding. Property assets are classified as either separate property or marital property. Most US states follow the equitable distribution theory.