Dividing Retirement Assets In A Divorce

Saving well for retirement can be the key to financial independence during one's later years. A divorce can call a lot of that work into question. That is why the division of retirement assets can be so contentious.

At The Law Office of Castrovinci & Mady, we can provide clarity and guidance on the division of retirement assets as part of your divorce. We work tirelessly on behalf of clients throughout Suffolk County to preserve their financial health in the asset division process.

Get The Answers You Need

Dividing retirement assets is a relatively cut-and-dry process here in New York. The court will likely consider whatever assets you contribute to a retirement plan during your marriage as a marital asset.

This applies to any account considered a retirement account, such as:

  • 401(k)
  • IRA and Roth IRA
  • Pension accounts

The marital assets in your retirement account will likely be split 50-50. Anything you put into the account before or after the marriage will be yours, unless there is a prenuptial agreement that specifies otherwise.

If you think some of the retirement funds contributed during the marriage should not be considered marital, you will need to talk to an attorney to discuss your options. The court will place the burden on you to prove why it should not divide the assets. We have more than 40 years of combined experience in family law and high-asset divorce matters. We can help you evaluate your options and give you straightforward advice about your options and chances of success.

Schedule A Free Consultation With An Experienced Lawyer At The Law Office Of Castrovinci & Mady

At your consultation, you will sit down with one of our experienced partners, who can answer your questions and help you figure out how to proceed. To get started, we invite you to contact our office in Smithtown by calling 631-352-2898.