According to Florida Law, retirement benefits are considered marital assets and thus subject to equitable distribution in the context of divorce.
(1) All vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs are marital assets subject to equitable distribution.
See: Florida Statute 61.076(1)
And, in Gibbons v. Gibbons, 10 So. 3d 127 (Fla. Dist. Ct. App. 2009)
On the other hand, retirement benefits are subject to equitable distribution. See Smith v. Smith, 934 So.2d 636, 640 (Fla. 2d DCA 2006). As this court has recently noted:
“[A] spouse’s entitlement to pension or retirement benefits must be considered a marital asset for purposes of equitably distributing marital property.” Acker v. Acker, 904 So.2d 384, 386 (Fla. 2005) (quoting Diffenderfer v. Diffenderfer, 491 So.2d 265, 270 (Fla. 1986)); see also § 61.075(5)(a)(4), Fla. Stat. (2003) (defining “marital assets” to include “[a]ll vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs”); § 61.076(1) (“All vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs are marital assets subject to equitable distribution.”); Reyher v. Reyher, 495 So.2d 797, 799 (Fla. 2d DCA 1986).
Related:
- Marital vs. Non-Marital Property in Florida
- How to Divide Marital Assets in Florida During a Divorce
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