• Max Factor

If I File For Divorce, Will My Spouse Get My Retirement Savings or 401K?

Updated: Jul 27

Article Sections:

  1. Definition of Marital Assets in Florida Law

  2. If I File For Divorce, Will My Spouse Get My Retirement?

  3. Exceptions To Marital Assets Division of Retirement Accounts

  4. Property Division In Florida

  5. Hire A Divorce Attorney To Help You With Getting The Most Out Of Your Property Division


Definition of Marital Assets in Florida Law


Florida law defines “marital assets” as assets acquired and liabilities incurred during the marriage, individually by either spouse or joint by them and the enhancement in value and appreciation of non-marital assets resulting from the efforts of either party during the marriage.


If I file for divorce, will my spouse get my retirement?


Retirement accounts can be classified as a “marital asset.” What this means is that if you begin a retirement account during the marriage, even if it is titled in your name only, it will likely be considered a marital asset. Likewise, if you had a retirement account before you got married, but contributed to that account with money that was earned during the marriage, then the enhancement in value of that account that came from marital funds is a “marital asset.”


Exceptions To Marital Assets Division of Retirement Accounts

However, this does not mean that your spouse will necessarily be entitled to any portion of your retirement account. A significant portion of any divorce case is identifying and valuing all of the marital assets so that they can be equitably divided. Generally, the Courts will award each Party fifty percent of the marital assets. If your spouse primarily receives other marital assets from the distribution, you may be able to keep the entirety of your retirement savings.


Property Division In Florida

The amount of your retirement savings that may go to your spouse in a divorce case will depend significantly on the value of the other marital assets and how they are distributed. You can learn more about property division, including high-net worth divorce and "gray divorce" by visiting my website.


Hire A Divorce Attorney To Help You With Getting The Most Out Of Your Property Division


We recommend meeting with an experienced divorce attorney to discuss what assets may be subject to distribution in your case, and develop a strategy for how best to preserve those assets that are most important to you. Max Factor has over 25 years of experience in family law and divorce cases. Contact Max today to schedule a consultation to discuss your marital assets and how they may be best divided up.



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