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How you can protect your retirement assets in a divorce

On Behalf of | Aug 26, 2022 | blog, Family Law |

When a divorce becomes necessary, you must confront the reality that you might lose important things in the split. Your future, your finances, and even your retirement plans might undergo drastic changes in the wake of your divorce.

Asset division is a major part of any divorce proceedings. Your retirement funds are important to you, so it is necessary to understand how a marital split will affect your savings and what you can do to protect them.

Retirement accounts are marital property

You might not realize that your retirement account is marital property, even if it is in your name only. This means that it is subject to equitable distribution during the divorce process. If your spouse does not have any money saved for retirement, your total amount of savings may decrease by half and your hard work may all feel like a waste.

You can secure your retirement through a legal agreement

The best way to protect your retirement is through a separation agreement. If you do not already have a prenup in place, you can still sign a postnuptial agreement with your spouse. Should you decide that your retirement assets are particularly important to you, you can enter negotiations to determine an alternate equitable distribution that satisfies your spouse while retaining your ownership of retirement funds. This process occurs outside the jurisdiction of the court, but a mediator can help facilitate discussions.

Retirement is something that most people work toward for their entire lives. The idea that your well-laid plans can fall through because of a divorce is frightening, but there are options for making sure you can enjoy your golden years as intended.