Retirement accounts are subject to division, depending on circumstances. If you and your spouse each have retirement accounts in your own names and each has a comparable amount of money in them, you may choose to keep your own and not worry about splitting them up. In other types of circumstances, however, retirement accounts can be split.

How these accounts are divided will depend on the type of plan/account it is and how much of the value was acquired during the marriage (when plans were started prior to marriage, the pre-marriage gains will generally be considered separate property).

Splitting up retirement assets sometimes requires a separate order from the divorce decree. Because these are valuable assets that can be complicated to split, you should discuss them with your attorney early on in the process.