How are retirement accounts typically divided in Equitable Distributions (divorce)?

Asked almost 2 years ago - Philadelphia, PA

On average I made more $$ though the marriage but a few years was opposite. My accounts have about 15% more. What is the usual manner in dividing and how is that usually done.

Attorney answers (2)

  1. Answered . There is no such thing as a "usual manner". The manner in which pensions are distributed is based on a number of factors and each case is different. Your attorney will be able to explain your options once he/she has analyzed the entire marital estate and the other factors that must be considered.

    My response is based solely on the limited information contained in the question. It is not meant to substitute... more
  2. Answered . The first answer is accurate but I believe you may also have wanted to know how, in fact, retirement accounts are divided once the decision as to who gets what share is made. Generally, retirement accounts, such as 401(k)'s, are distributed through a Qualified Domestic Relations Order (QDRO). The good thing about QDRO's is that, once approved by the court, they allow the transfer of funds in these accounts to other approved accounts, usually an IRA, without any tax consequences. Again, hire an attorney because it's better to get it right the first time. Good luck!

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce and retirement accounts

If one spouse in a divorce has a retirement plan, it may be split between the parties. How the plan is split depends on its type and value.

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