Are retirement accounts considered marital property and can they be divided by the Court?
Yes, if they were earned during the marriage they are marital property. This is true even if the spouse did not make any contributions themselves, and all funds were contributed by the employer. If the employment was during the marriage, the associated retirement funds will be marital. The Court can divide retirement accounts such as 401-K’s and pensions by Qualified Domestic Relations Orders (QDRO’s) which direct the Plan Administrator how to divide the account. Whenever possible, however, the Court tries to divide assets “in kind” and distribute entire accounts to each party in an equitable way so that accounts may not have to be segregated.