Dividing retirement assets during a divorce can get complicated, especially for high-asset couples. The length of your marriage plays a major role in the division of retirement accounts. Knowing how the law works can help couples reach a fair agreement without unnecessary conflict or a drawn-out battle.
Marital and non-marital assets
Retirement funds earned during the marriage count as marital assets. Retirement savings earned before the marriage are non-marital assets and stay with the person who earned them. The challenge comes in figuring out which part of the retirement account one party earned during the marriage and dividing it fairly.
How long the marriage lasted matters
The length of the marriage affects how retirement assets get divided during divorce. Florida law doesn’t set a specific time after which one spouse gets half of the other’s retirement. However, in marriages lasting more than 17 years, courts are more likely to divide retirement funds equally. For shorter marriages, the split depends on financial contributions and other factors.
A cooperative approach works best
For couples with high assets, dividing retirement accounts can become complicated. Better outcomes often result when both parties work together to reach a fair agreement. Florida law supports fairness and encourages couples to work out solutions without turning to aggressive tactics.
Fairness in dividing retirement
Financial decisions made during a divorce can shape your future stability. Taking the time to understand your options and plan carefully ensures a more confident path forward. Thoughtful planning now helps create a smoother transition into the next chapter of life.
