REA specifically pre-empts state domestic relations laws insofar as they pertain to qualified plans. Federal law is a permissive statute. It permits a broader assignment of the interests than state law. In many marriages, a privately-held business is the major marital asset. It is usually impracticable for the couple to jointly run a business when they could not solve the problems of marriage.
Courts are reluctant to order the business sold.
It may be possible to divide the business, but usually not. If one party receives property that has appreciated while another receives property that has not, the values are not equal. The potential tax to be incurred upon the eventual sale of the appreciated asset cannot be avoided. Some of them may be rather long, so remember you can always print them and read the off-line another time. The book has proven to be invaluable to people experiencing divorce or separation.