Yes, retirement accounts can be divided in divorce if it is considered to be community property. This is usually the case if the account was opened or contributions were made during the marriage. The retirement account would then be subject to a "just and right" division between the spouses. However, dividing retirement or 401K accounts can get complicated if money was invested prior to the marriage. Money invested before the marriage is not considered community property and, therefore, not divided. A court will have to determine how much of the money was earned during the marriage and how much was earned separately.