Determining how to divide retirement benefits can be a very difficult process.
Marital property must be split evenly, unless the couple has a valid pre-nuptial or post-nuptial agreement that indicates the couple agreed to a different type of division.
Finally, assets either spouse owned before the marriage are not viewed as community property; rather, these will be considered “separate” property and not eligible to be split between the pair.
The values of IRA and 401(k) plans are fairly easy figure out because a statement is issued showing how much is in each account.
Pension plans, on the other hand, are not paid out until after retirement, and therefore, may be difficult to value today.
If the pair entered into a covenant marriage, they must cite grounds for divorce (see below).