Updated February 11, 2021

Retirement Plans

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OurDivorce™ Basics

What are Retirement Plans?

Any account or financial asset designed to provide for either party during their retirement (e.g. 401K, pension, etc.), this is a retirement plan and is subject to division in divorce.

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🤔 Understanding how Retirement Plans affect your divorce.

If, during your marriage, you or your spouse contributed, using marital funds, to a retirement plan, that plan is an asset and is usually treated as marital property. As a rule, the division of a retirement plan is based on the increased value during the marriage.


When Jerry and Sally got married, Jerry had a 401K through his employer worth about $50,000. Today, through additional contributions and wise investing, the value of that 401K has increased to about $150K. 

As they divide their assets, Sally understands that Jerry should be able to retain the original $50,000 that existed prior to the marriage and that she’s only entitled to up to 50% of the added $100,000 in value.

Next: Learn about how Appliances affects your divorce.

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