The answer is, it depends. If the accounts were opened while you were married, the answer is yes. In that case, the accounts will most likely be divided evenly, although this isn't always the case. There are exceptions. If your retirement accounts were opened prior to your marriage, your spouse may not receive a share of your retirement accounts or your spouse may receive less than half of your retirement accounts. Whether your spouse will receive a portion of your pre-marriage retirement accounts depends on a variety of factors such as whether you contributed to the accounts during marriage and whether you can prove that you had the account prior to marriage. These guidelines can all be changed if you and your spouse can reach an agreement. For example, your spouse may be entitled to half of your retirement accounts under the law, but if she agrees to waive any interest in those accounts, then she will receive nothing. However, you will likely have to make concessions on other issues to get a waiver. For more information on retirement accounts and the divorce process visit: Albany Divorce Lawyers
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