65 Madison Ave · Suite 420 · Morristown, NJ · 07960

¡Attention TAC People!

Press 'p' on your keyboard to make this palette go away.

Max width: 1200px
Color Hex R G B
Blue from Logo#003d65 0 61 101
Darker Blue#021020 2 16 32
Red from Logo#780500 120 5 0
Darker Red#400000 64 0 0
Gray from Modern Firm Site#f3f2ed 243 242 237
Bright, Light Blue#ccebff 204 235 255
Form Input Background Blue#accfe6 172 207 230
Slightly Darker Blue#002e4d 0 46 77
Slightly Darker Gray#e6e5e0 0 46 77
Darker Gray#cccbc7 0 46 77
Lighter Logo Blue#005c99 204 235 255
Login Link Blue#598fb3 89 143 179
Slighty Lighter Red#99150f 153 21 15
Slighty Darker Gray#b3b2ae 179 178 174
Hunter Green#013b23 1 59 35
Lighter Green #025935 ? ? ?
Beige Charcoal #1f1e1e ? ? ?
"Metallic Gold" #D4AF37 ? ? ?
"Darker Green" #012e1b ? ? ?

Dividing Retirement Accounts Pre And Post Marriage

Retirement accounts can often be a “hot button” issue for people going through a divorce. Many people feel that since they are the ones putting forth the effort to work for an employer, they should solely reap the rewards of the retirement monies they put away for their future. While understandable in a sense, the premise of sharing those retirement assets is that your marriage was a partnership that you embarked upon together and with a joint purpose and goal to build for your future together. Therefore, retirement assets that are acquired while you are married are part of equitable distribution, just like any other asset.

What is reassuring to most people is that the funds you put into your retirement accounts before you married your spouse are not subject to equitable distribution in New Jersey. Therefore, you have the right to exclude that portion of your retirement account that was accumulated before you said, “I Do.” The key here is proper record keeping, which may not always be possible if you are not anticipating a divorce in the future. Many times, employers will be able to assist in calculating the pre-marital portion of your retirement accounts but this may be complicated if the records need to go back further than your employer has retained records.

In those instances, it may take some creativity and ingenuity with your legal counsel to fashion a fair and equitable resolution of this issue on your behalf. Do not hesitate to contact a family law professional to further discuss any concerns you may have in this area. Posted by Elizabeth A. Calandrillo, Esq.

Begin Your Conversation

  • Disclaimer: Contacting our firm via the internet does not create an attorney-client relationship. Please do not send any confidential information through this form.

Contact Our Morris County Office



Morristown / Morris County Law Office

65 Madison Ave

Suite 420

Morristown, NJ 07960

Morris County Mediation Office Map