Retirement Assets in Divorce

Maryland & Virginia Retirement Asset Division

Protecting Your Hard-Earned Retirement Savings and Benefits

For many couples, retirement accounts represent the largest asset accumulated asset in the marriage. When divorce happens, dividing 401(k)s, pensions, IRAs, military benefits, and federal retirement plans can become one of the most complex and high-stakes issues in the case. At The Burton Firm, we specialize in identifying, valuing, and fairly dividing retirement assets so you keep the share you’re entitled to under Maryland law.

We serve clients throughout Northern Virginia and Southern Maryland, including Fairfax County, Prince George’s County, Montgomery County, Anne Arundel County, Howard County, Charles County, Calvert and the Metro D.C. area, bringing decades of experience to even the most complicated retirement division cases.

Common Retirement Assets Subject to Division

Maryland and Virginia treat most retirement benefits earned during the marriage as marital property, including:

• 401(k), 403(b), and employer-sponsored plans
• Individual Retirement Accounts (IRAs) and Roth IRAs
• Pension plans (private, state, and federal)
• Military retirement pay and Thrift Savings Plans (TSP)
• Federal Employees Retirement System (FERS) and CSRS)
• Deferred compensation plans and stock options

• Annuities and survivor benefits

Contributions made before marriage or after the date of separation may remain separate property, but increases in value during the marriage are usually marital.

How Retirement Assets Are Divided

Maryland and Virginia follow equitable distribution — meaning the marital retirement benefits are divided fairly (not always 50/50). The court considers the length of the marriage, each spouse’s contributions, and overall financial circumstances.

We use proven strategies to protect your interests:

• Accurate valuation of all plans (including future pension benefits)
• Drafting and processing Qualified Domestic Relations Orders (QDROs and Court Order Acceptable for Processing (COAPs) for federal plans
• Negotiating buy-outs or offsets with other assets (house equity, cash, etc.)
• Tracing non-marital portions to keep them out of the division

Special Rules for Military & Federal Retirement

Military and federal pensions have unique federal regulations that override state law in some areas. We have extensive experience with:

• The Uniformed Services Former Spouses’ Protection Act (USFSPA)
• Survivor Benefit Plan (SBP) elections
• Thrift Savings Plan (TSP) divisions
• FERS and CSRS pension divisions
• “Frozen Benefit Rule” and “Covertures Fraction” calculations

Why Proper Paperwork Matters

A retirement plan will not be divided simply because the judge says so. The plan administrator must receive a properly drafted, signed, and court-certified order. Mistakes or delays in these documents can cost tens or hundreds of thousands of dollars. Our office works closely with attorney’s specializing in preparing retirement orders.

Speak with a Maryland and Virginia Retirement Assets Attorney Today

Don’t leave your retirement future to chance. Whether you’ve spent decades building your nest egg or you’re the spouse entitled to a share, we fight to protect what’s yours.

Call (301) 420-5540 to schedule a confidential consultation.