Can I Get Half Of My Spouse’s Retirement During Our Divorce?
The answer to this question is it depends generally because Nevada is a community property state.
Anything that is earned during the marriage is generally divided down the middle, equally distributed, however, with a retirement account, a 401k and IRA, things like this, they are divided equally, but only for half for the time of the marriage.
If your spouse had their retirement prior to marriage, and then you got married and their retirement continued to be funded during the marriage for 10 more years, you are entitled to half of the retirement fund for the time of the marriage. Anything prior to the 10 years of marriage goes as separate property to your spouse, but anything after the 10 years that has been accrued during the marriage is equally split down the middle.
To divide a retirement account, a 401k and IRA, we do what is called a Quadro, a qualified domestic relations order. This is something that is put in place in your divorce decree that gives your pension company direction on how and how much to divide for the pension. This is typically not funded until after retirement time. So, you must wait until you’re eligible for retirement to be able to get this money.
However, there are exceptions to this rule. If, for example, one of the spouses is very financially destitute. Then the court might order that those funds are distributed early on and not have to wait until later since one of the parties is destitute
So again, your husband/wife’s retirement account can be equally divided for the time that you were married. If that money was earned during the marriage. I hope this has cleared up and answered this question for you, and if you want to discuss this further, please give me a call. Or go to vegasdivorcemeeting.com
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