A retirement account HSA often amasses a significant value and may be one of the most valuable assets of a marriage. Dividing retirement accounts is often a complex calculation, as only the amount paid into the retirement account during the duration of the marriage are considered marital property. After the marital portion of the retirement account is valued, it can be divided with several approaches:
Buy out: The owner of the retirement account may “buy out” the other spouse by forgoing some of the other marital assets, allowing the owner of the account to retain it.
Split: The marital asset portion of the retirement account may be split between the two spouses. This is a more complex method, requiring a court order called a “Qualified Domestic Relations Order.”