Can the court divide retirement benefits between spouses?

 

A: Yes.  Retirement benefits, to the extent they were acquired during the marriage, are marital property and subject to division by the court.  This is usually accomplished by means of a special court order called a "qualified domestic relations order (QDRO)",  "qualifying retirement benefits order" or some variation thereof.

Note:  A special provision of the divorce statute "caps" the percentage  that the non-owning spouse can receive at 50%.


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