Successful Divorce Planning For Men. Divorce Blog.

This is a common question that men ask. Simply, the answer is: possibly.

If you are in a community property state, all property acquired during marriage is community property and each spouse owns a one-half interest in all such property. Therefore, your wife will have an interest in your retirement if it was earned during the marriage. Of course, you can choose to negotiate with other assets and for example, give your wife the equity in the house and keep your retirement.

In an equitable distribution state, all property acquired during the marriage is marital property and will be divided equitably by the court. Therefore, the court has the authority to divide your retirement or to assign other assets to your wife and allow you to maintain your retirement.

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