401(k) Division
A 401(k) division is the splitting of a workplace retirement account between spouses during a Florida divorce. Only the portion earned during the marriage is treated as a marital asset subject to Florida's equitable distribution rules; contributions and growth from before the marriage usually stay with the original owner. Dividing the account typically requires a Qualified Domestic Relations Order (QDRO) so the plan can pay a share to the other spouse without early-withdrawal penalties.
Last updated June 21, 2026
Legal Definition
The allocation of the marital share of a defined-contribution retirement plan under F.S. §61.075 equitable distribution, generally effectuated through a Qualified Domestic Relations Order that directs the plan administrator to distribute funds to an alternate payee.
Example
Because most of his 401(k) was funded during the marriage, the couple agreed to a 401(k) division using a QDRO.
Related Statutes
- 61.075
- 61.076
Related Terms
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