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Contributions to retirement accounts made during the term of the marriage, as well as growth on those contributions, are considered marital assets. A division of individual retirement accounts (IRAs) can be ordered in a divorce decree or a property settlement agreement that's been recognized by the court.
In California, all types of retirement benefits are considered community property, which allows CalPERS benefits to be divided upon a dissolution of marriage or registered domestic partnership or legal separation.
Your ex-spouse may receive direct compensation from your pension through a qualified domestic relations order, or QDRO. A QDRO is a court order that allows one spouse's share of the other person's pension to be transferred into another account, such as an individual retirement account (IRA) or 401(k).
One way to protect your 401k in a divorce is through a Qualified Domestic Relations Order (QDRO). A QDRO is a legal order that allows for the division of retirement benefits between divorcing spouses.
Connecticut's equitable distribution system counts ?all property? owned by either spouse ? even retirement assets they owned before they got married. That means, when you get divorced in Connecticut, the court has jurisdiction to divide all your 401k, IRA, and pension accounts in any way it deems fair.