Retirement Benefits
Retirement benefits include pensions, 401(k)s, IRAs, the Florida Retirement System, military retired pay, and similar accounts. In a Florida divorce, the portion earned during the marriage is generally a marital asset subject to equitable distribution, while amounts earned before marriage are usually separate. Dividing some plans requires a special court order so the plan administrator can pay each spouse their share.
Last updated June 21, 2026
Legal Definition
Vested and non-vested pension, profit-sharing, and deferred-compensation interests; the marital portion is subject to equitable distribution under F.S. §61.075–61.076, often divided via a Qualified Domestic Relations Order.
Example
The marital share of his pension was divided between the spouses as part of equitable distribution.
Related Statutes
- 61.075
- 61.076
Related Terms
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