Martial property — generally, all property accumulated during a marriage — must be divided by the Court in a divorce proceeding in a manner that is just and equitable. Pension benefits can be marital property subject to division. In many circumstances, a pension is one of the largest assets in a divorce because it is…
Legal Articles
Pensions & Retirement Accounts in a Divorce
In a divorce, the court must divide all marital property (i.e., assets generally accrued by either party during the marriage, including debts and liabilities) and award the property to each spouse. A trial court has “broad discretion” in dividing property, and the “division of marital property need not be equal, but must only be fair and…