As part of the divorce process marital assets are divided equitably. Equitable does not always mean equally. The main factors taken into consideration when dividing the marital estate are the length of the marriage and each party’s contribution to the growth and preservation of the marital estate.
FAQ Division of Assets
How do I figure out what is and what is not a marital asset?
In general marital assets were acquired during the marriage or interwoven into the marriage.
Do I have a right to my spouse’s retirement plan?
Your spouse’s retirement plan is divided the same as other marital assets. Via a qualified domestic relations order retirement assets are transferred from one spouse to the other tax free.