What Happens to Pensions, Retirement and Investment Accounts in Divorce?
For many divorcing spouses, the most substantial assets up for negotiation and resolution will be retirement and investment accounts of various kinds. Under some circumstances, these can be relatively simple to identify as marital property no matter how big the portfolio balances might be, and they can be liquidated and divided, bought out or settled through the use of qualified domestic relations orders.
In other cases, the division of investments and pension accounts will be complicated by characterization issues, valuation problems or the vague terms of an old prenuptial agreement. Some 401(k) accounts or defined benefit pensions could be difficult to value or divide if part of their value preexisted the marriage.
As an equitable distribution state, Florida starts from the presumption that marital property will be divided evenly, and it’s up to the parties to show why one or the other should get a bigger share. Once we’re satisfied of the strength of your legal position and the soundness of our strategy, we won’t hesitate to recommend a court hearing to avoid otherwise unnecessary concessions.
The divorce attorneys of Brodie & Friedman, P.A. can apply our general principles of marital property division to such investments and retirement assets as the following:
- Securities accounts
- Investments in closely held corporations, family businesses or other illiquid assets
- Real estate investments
- Defined pension benefits
- Retirement accounts such as 401(k)
- Public employee pensions
- Military pensions
Our goal for our clients is to protect your future financial security to the greatest extent possible through careful analysis of each element of the marital estate, and work with you to define a property division proposal that best meets your needs while satisfying the requirements of Florida divorce law.