Dividing Retirement Accounts in Divorce: Financial Checklist

Retirement accounts are often the largest marital asset. This checklist ensures you don't miss any accounts or make costly errors in the division process.

19 items across 4 categories

Locate All Retirement Accounts

  • 401(k) and 403(b) from current and prior employers
  • Traditional IRA and Roth IRA accounts
  • Defined benefit (pension) plans
  • Military retirement (USFSPA)
  • Federal government retirement (FERS/CSRS)
  • Stock option and deferred compensation plans

Determine the Marital Portion

  • Date of marriage and date of separation are the key dates
  • Request a benefit statement for the marriage start date
  • Calculate contributions and growth during the marriage
  • Identify any pre-marital balance that is separate property

QDRO Process Checklist

  • Hire a QDRO attorney - do not use a general template
  • Request plan administrator's pre-approval of QDRO language
  • Get the QDRO signed by the judge at the same time as the divorce decree
  • Submit the approved QDRO to the plan administrator immediately
  • Confirm the transfer within 60 days of submission

Tax Considerations

  • Traditional 401(k)/IRA: taxable at withdrawal - discount for present value
  • Roth IRA: tax-free growth - may be worth more than a traditional account of equal size
  • Pension: get actuarial valuation for offset method
  • Do not withdraw funds directly - roll over to avoid 10% penalty

See the financial impact of your decisions

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SettleLens provides financial scenario modeling for informational purposes only. Not legal advice. Always consult a qualified family law attorney before making settlement decisions.