How Are Retirement Investment Accounts Divided?
Any contributions made to your retirement plan prior to marriage are considered separate property. Contributions during the marriage are considered marital property, subject to an equitable distribution under Ohio law. This is true even if only one spouse was working or contributing; generally speaking, money or assets obtained during the marriage are treated as marital property. Attorney Craig Treneff prepares and reviews qualified domestic relations orders (QDROs), which dictate under federal law how defined benefit plans (such as a pension) or defined contribution plans (such as a 401k) are valued and divided. He communicates with the plan administrator to verify plan valuations, benefit descriptions, start dates, and other vital details. Depending on how other property and debts are treated in divorce, one party may receive a disproportionate share — or even all — of the QDRO assets. Equitable distribution does not call for a 50/50 split, but just that each spouse receives a fair s
