What happens to retirement funds and 401(k) plans in a divorce?
Anything that was acquired during a marriage is marital property. Your retirement account, if acquired during the marriage, is marital property. The appreciation in the account is also marital property. Talk to an attorney to figure out exactly how your 401(k) is going to be dealt with. If you have a pension plan, it’s the exact same thing. If acquired during the marriage, or if acquired before the marriage, and if there is appreciation that took place during the marriage, that should be or may be considered as marital property. It depends on the facts of the case. Please talk to an attorney to figure out exactly how your 401(k) or pension plan are going to be dealt with in your divorce.