Divorce and Retirement Funds: What Happens With Them?

What happens with divorce and retirement funds?

Retirement funds and 401(k) plans are divided in a divorce, so long as the funds in those accounts were placed in the accounts during the time of the marriage. If you worked for an employer before you got married and had placed funds in your 401(k) plan before the marriage, those funds would not be divided by the court. Only the funds put in during the marriage.