Arnelle Strand, P.A.

One of the most contested and difficult property division issues confronting couples is the fact that retirement benefits are usually subject to division.  The Courts in Florida view retirement benefits as similar to a savings account.

Although the person accumulating these benefits may not be permitted to draw on their retirement fund for some time, the marital portion of the benefits is usual divided by a Court order known as a "QDRO", Qualified Domestic Relations Order.  When the retirement benefits are eventually paid, the person who has been awarded a fractional share is entitled to participate in his or her party of the payments.

The fractional share is generally determined by the following formula:

Fifty percent (50%) of the amount accumulated during the marriage.