The state of Florida follows the rules of
equitable distribution
when dividing a 401(k) retirement plan. This means that the Florida Court system uses the 50/50 rule as a starting point when dividing all marital assets. For example, marital assets include property, vehicles, cash, and retirement accounts. Of course, every situation is unique and each divorce
is reviewed on a case-by-case basis.
Here are the steps in the process of splitting a 401(k):
Step 1: The divorce decree must order the division of any 401(k) accounts
as requested by either or both spouses.
Step 2: A divorce attorney must draft a Qualified Domestic Relations Order
(QDRO).
Step 3: Once the order has been reviewed and approved by the Court, you and your divorce attorney can determine the next best course of action for splitting your 401(k).