How Retirement Plans Are Typically Divided in a Divorce

retirement plansWhen it comes to your assets and divorce, you want what’s best for you and your family. Retirement plans between you and your ex matter a lot to you, which is why you want to understand what will happen when you and your ex get a divorce. Retirement savings happen to be some of the most valuable assets that people own, which is why you want to treat them with care.

If you and your spouse are going through a divorce and they have a retirement plan, you are typically entitled to part of the balance as long as your prenuptial agreement does not state otherwise. However, this also means that your ex could be entitled to your retirement account as well. However, because the courts do not agree that every cent should go to an ex and that they should still be able to benefit off of a retirement account, something known as the QDRO is put into play.


The QDRO is also known as the Qualified Domestic Relations Order, which protects a spouse’s interests in the event of a divorce. This instructs a spouse’s pension plan and how it is paid out to the other spouse. This means that a QDRO gives many people protection and applies penalties when people plan on taking money out of the plan too often. However, because the court has to approve the QDRO, we want to speak to you as soon as possible if this is the route you plan to go in your divorce.

We understand that your assets mean everything to you, which is why you want protections when it comes to retirement plans, property, child support, and so much more. At the Law Offices of Amy M. Montes, we can help you with your divorce case. Give us a call as soon as possible.