Division of Retirement Accounts

If you are facing a divorce where both spouses have been contributing to retirement accounts, or the higher earning spouse has been contributing to support the couple in retirement, it’s important to consult with an attorney who has experience in this aspect of divorce. Retirement accounts help protect your financial future, and Adam S. Hyman has the experience you need to protect your investments.

Divorce and Retirement Accounts

Divorce attorney Hyman has experience in property division involving retirement accounts including:

  • 401ks, IRAs, pensions and other retirement accounts
  • Executive compensation
  • Stock options
  • Hidden assets
  • And more

Maryland is an “equitable” property state; not to be confused with an “equal” property state. What this means is when a couple divorces, property is divided in a way that the court finds fair and just. The court identifies marital property, values it and then decides how it should be divided in an equitable fashion. This does not necessarily mean property is divided 50/50. The court takes several factors into consideration when coming up with a property division settlement:

  • The contributions of each party to the marital estate, both monetary and nonmonetary
  • The value of all property of each party
  • The financial circumstances of each party
  • Any misconduct that led to the estrangement of the parties, such as adultery or abuse
  • The length of the marriage
  • The age and physical condition of each of the parties
  • How the marital property was acquired
  • The amount of alimony awarded
  • And anything else the court deems relevant to the case