Dividing Retirement Plan Assets in a Divorce

Announcing The Availability Of A Comprehensive Guide For Divorcing Couples And Their Advisors

The first or second largest asset in a marital estate is the benefits/accounts one or both married partners have accrued during their marriage. Accordingly, appropriately dividing these benefits/accounts in a divorce demands that each of the parties, and their advisors, be fully informed as to how and when that division should be implemented.

A comprehensive guide to dividing retirement plan assets in a divorce is now available. This guide will provide detailed information for:

  1. The divorcing parties, making certain that each receives his/her rightful share of retirement plan benefits/accounts.
  2. Their counsel, supplementing their discussion with their clients in connection with all of the retirement plan benefits/accounts sharing options needing deliberation.
  3. Their accountants, as they delineate the assets in the marital estate to be shared.
  4. Their financial advisors, in connection with the investment considerations that will be applicable to the division of retirement plan assets, especially with reference to the IRA Rollover that may evolve from that division.
  5. Pension professionals, who may use the guide as a tool to give to prospective clients and client referral sources in connection with possible plan benefit/account valuation and QDRO preparation work.


A 2013 United States Supreme Court decision, and the follow-up rulings by the governmental agencies involved in regulating retirement plans, brings same gender marriages and spouses into the world of retirement plan benefit/account sharing in a divorce. The State where the marriage was performed determines the legitimacy of the marriage, not the State of domicile.

Access to this newly published booklet is available by visiting:


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