2 thoughts on “Why It Is Important Divide Retirement Accounts As Soon As Possible After a Divorce

  1. I do not understand why my former spouse gets a portion of my annuity when we were married for only 6 years: and he deliberately did not contribute to the financial part of the marriage by earning his own income or by supporting my ability to work. The court is punishing me. I can’t afford to pay my ex $283 per month from my annuity. I have worked for over 30 years as a Federal employee, but I cannot afford to retire. This is wrong, and I doubt I have any alternatives? Thank you.

    • Upon marriage, all assets become marital and are subject to division. Usually, the court does give credit for what was brought into the marriage on a short marriage. However, any benefit which accrued during the marriage, or an asset which accumulated (such as a 401(k)) is certainly subject to division. You an always argue that there are other factors which warrant an unequal division of that asset. Whether the court would agree with your position or not would be a discretionary decision. For the best result, you should discuss your case in detail with an experienced divorce attorney who can evaluate your case and all of the factors to determine whether you would be successful in your argument.

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