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Kentucky Family Lawyer's Guide to Dividing Pensions and Retirement Accounts in Divorce

Understanding Marital vs. Non-Marital Assets 🔍 In Kentucky, pensions and retirement accounts accumulated during the marriage are generally considered marital property, making them subject to equitable division. However, any portion of the retirement assets acquired before marriage is usually treated as non-marital property and may not be divided in divorce. To ensure a fair division: ✅ Identify Contributions: Determine how much of the pension or retirement account was accrued before and during the marriage. ✅ Obtain Statements & Records: Gather financial statements and plan documents that detail contributions over time. ✅ Hire a Financial Expert: A forensic accountant can help trace non-marital contributions and distinguish them from marital assets. Qualified Domestic Relations Order (QDRO) 📜 A Qualified Domestic Relations Order (QDRO) is required to divide employer-sponsored retirement accounts like 401(k)s and pensions. This legal order instructs the plan administrator to di...