Retirement Funds: Does my spouse get half?

I have a retirement account from before I was married.  Can my spouse take half of my retirement in our Oklahoma divorce?  Retirement plans differ greatly and there are different rules for different types of retirement plans.  Most likely, Oklahoma divorce laws say that a spouse will not be able to take half of your retirement in this situation.  However, this does not mean your spouse cannot get any of the retirement.  For example, if one party has a defined contribution plan, then the value which would be considered marital property, and subject to property division, is the amount of the contribution during the marriage plus interest.  This means that in a divorce only the amount paid into the account plus interest would be subject to property division in a divorce.  Other retirement accounts have different rules for determining if any of the account is subject to property division.  Military retirements are protected by federal law.  Federal law precludes state law from dividing military plans.  Therefore, veterans’ benefits are considered separate property and not subject to property division.

If you have further questions, contact us here, or call 405-543-2529.

Keenan Haught
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