How do I divide retirement assets in a divorce?
In Florida, dividing retirement assets in a divorce is handled by family law. When couples decide to divorce, they must reach a fair agreement for the division of assets, including retirement funds such as 401ks and IRAs. Under Florida law, any money or assets acquired during the marriage must be divided by the courts and split between the two parties according to their respective interests. When it comes to retirement accounts, these assets are divided similarly to other marital assets—the court will split the contributions evenly between the two spouses, unless there is a valid reason to do otherwise. Courts are typically willing to award a higher percentage of the retirement account to the party who contributed the most to the retirement account. However, the court will take into account the number of years the couple spent married when making a division. If the two parties cannot come to an agreement regarding the division of their retirement assets, the court will divide the assets accordingly according to Florida law. Additionally, it is important to keep in mind that state laws may vary in regards to dividing assets in a divorce, so it is important to research the laws in your state. Finally, be sure to speak with a qualified attorney prior to taking any action in regards to dividing your retirement assets in a divorce.
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