Are my spouse’s retirement assets subject to distribution in divorce proceedings?
All vested and nonvested benefits, rights, and funds accrued during the marriage in retirement/pension plans and programs are considered marital assets and therefore are subject to equitable distribution during the divorce proceedings. Florida Statute 61.075 (6) (a)(1)(d). A retirement plan may be considered as an asset for equitable distribution or as income for purposes of alimony. However, the court should consider the plan as an asset first. The remaining value can be considered as income when the court is determining an alimony award. Only the amount accrued during the marriage should be considered a marital asset for purposes of equitable distribution.