Division of Retirement Assets

Division of Retirement Assets in Divorce

People often have questions about what will happen to their 401(k) in divorce and how their other retirement accounts will be handled. When you get divorced, any retirement assets you or your spouse have are subject to property division.

Retirement assets, along with the marital home, are often the largest assets owned by the couple. Unlike the marital home, which can be sold and profits divided fairly simply, dividing retirement assets can be a more complicated process. If divided by the court, the court looks at a number of factors to come to its decision, including other property in the marital estate, and each spouse’s ability to earn income in the future.

At Walters Law Offices, PC, we will help you preserve your retirement plans to the furthest extent possible. Stoughton property division lawyer Kevin Walters will explain how retirement assets are assessed and potentially divided. Correspondingly, we will provide legal counsel regarding your options and create a legal strategy designed to achieve your objectives.

Protecting Your Future and Your Retirement Benefits

As with all other property, retirement assets in Massachusetts may be divisible in divorce, even if they were amassed prior to the marriage. An example of retirement assets that courts will look at when dividing property include 401(k)s, pensions, IRAs and profit-sharing plans.

Property division in divorce is often a highly litigated issue, especially when there are disputes as to the history behind the asset or its acquisition. Attorney Walters brings more than 10 years experience negotiating, litigating and resolving divorce matters. Attorney Walters’ experience and knowledge of the law translate into sound advice and effective representation.

Contact Us

For a consultation about the division of retirement assets in divorce, contact Walters Law Offices online or by phone at 781-436-5288.

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