What happens to retirement funds and 401(k) plans in a divorce?
In Florida, retirement funds and 401(k) plans that use marital funds are considered to be a marital asset. So, what happens is, both parties would be equally splitting those assets. The trick is, you only split the asset if the funds were put in during the marriage, so you’d only be entitled to a portion of the 401(k) that was earned or put into during the marriage.
