Am I Entitled to Part of My Spouse’s Retirement Plan?
In this video, Attorney Brian Freeman explains if divorcing parties are entitled to their ex-spouse’s retirement plans. Contact one of our experienced divorce lawyers in Jersey City to guide you through the process.
Divorcing parties will often ask questions about their retirement benefits: 401(k)s, IRAs, pensions. Generally speaking, absent a prenuptial agreement, those pension plans will be split based on their growth in value from the date of the marriage until the date the complaint is filed. While that value would be considered the marital portion of those retirement plans, any funds that were already in those plans prior to the date of the parties’ marriage would not be subject to equitable distribution.