What is going to happen with my retirement savings if I get divorced?Return to FAQ Videos
When you get married, any money that goes into your retirement is a marital asset. And so even though you are the one earning it and your spouse may not be the one earning it, because you are actively earning that contribution during the marriage, it is a marital asset. So when you file for divorce, that marital asset becomes part of the equitable distribution, meaning that even though it’s your retirement account, it still has to be distributed and your spouse is entitled to half of the portion that’s in there. It’s still under Florida law as half of your spouse, and it has to be distributed. At O’Mara Law Group, we’ll help you understand what needs to happen within your marital assets, such as your retirement account, when you’re going through a divorce.