What about my retirement?

Retirement benefits earned during the marriage are community property, and are subject to division by the court. If a spouse has contributed to a retirement account both before and after marriage, only the portion earned during the marriage is community property.

If you want to keep your account intact, it will be necessary to offer your spouse something of equal value — a “trade-off” or “buy out.” This can be the offering of another major or by making monthly payments to your ex-spouse after the divorce.

The first step in dividing or offering to buy out is to establish the value of the retirement benefits. This can be determined through your plan administrator.