Can My Spouse Take My Retirement In A Divorce In FL?
In Florida, retirement benefits including, vested and non vested benefits, rights, and funds received during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs are marital assets subject to equitable distribution. See § 61.076(1), Florida Statutes. In other words, if one spouse received retirement benefits during the marriage, then those assets are likely to be classified as marital property and therefore susceptible to distribution to the other spouse upon divorce. Under Florida law, however, the portion of retirement benefits that a spouse receives prior to the marriage are not marital property. In order to determine the...Continue reading