Know your rights ·

We need to divide a retirement account or pension

General information for New Jersey, New York and Washington, DC · Last updated

Quick answer

A divorce provision may need a separate plan-compliant order or other paperwork before benefits are divided.

Do now

Identify each plan, administrator, benefit type, account value, and service dates. Obtain the plan’s requirements and discuss survivor benefits, taxes, and timing with qualified professionals.

Watch for

Do not cash out retirement funds simply to make an informal split. Taxes, penalties, creditor protection, and loss of survivor rights can follow. Federal, military, and other special plans may use different orders.

Official sources

NY Courts — Divorce frequently asked questions, DC Courts — Divorce, US Department of Labor — Qualified Domestic Relations Orders.

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