Retirement savings usually represent decades of hard work and careful planning for your future. But after years of saving for your future, divorce can threaten your retirement security. You may have to part with a large share of your nest egg to your spouse—or face steep penalties for early withdrawals.
Deciding how retirement accounts get split
Georgia courts and judges divide retirement assets based on what they consider fair, not necessarily equal. This means you don’t automatically get a 50-50 split. Instead, the court considers factors like:
- Length of your marriage
- Each spouse’s financial situation
- Each person’s contributions to retirement savings
Generally, the court decides who gets how much this way. But if you and your also have the option to work out your own agreement, giving you more control over who gets what. You can do this outside of court and with the help of your respective legal counsel.
Dividing different types of retirement accounts
Retirement accounts require special handling during divorce to avoid unnecessary taxes and penalties. These include:
- 401(k) plans: These need a Qualified Domestic Relations Order (QDRO) to split without penalties. A QDRO is a legal document telling the plan administrator exactly how to divide the account.
- Traditional and Roth IRAs: You don’t need a QDRO for these; instead, you should have specific transfer instructions in your divorce decree to avoid taxes.
- Military pensions: You must follow federal rules under the Uniformed Services Former Spouses’ Protection Act, which has specific requirements for qualifying spouses.
- Federal pensions: These require a Court Order Acceptable for Processing (COAP) instead of a QDRO.
Working with an attorney who has experience in handling QDROs and retirement divisions can help you avoid mistakes in preparing the document—saving time and money.
Making sure you have enough for your golden years
Dividing retirement accounts is one of the trickiest parts of divorce finances. Mistakes can trigger taxes and penalties that permanently reduce your savings. Preparing the correct paperwork and following proper procedures protect both you and your spouse. More importantly, it helps ensure the transfer happens correctly.
