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Retirement planning after divorce

Protect Your Retirement Before You Sign

A settlement decides what you keep. A plan decides how long it lasts. Our free checklist shows the retirement side of every divorce decision, from the 401(k) and the house to Social Security and health coverage.

  • QDROs, IRAs and pensions explained in plain English
  • Divorced spouse Social Security and the 10-year rule
  • 12 questions to ask your attorney before you sign

Prefer to talk? Book a free, confidential review or call (407) 974-7100.

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Free guide for women

The Divorce Retirement Checklist

15-page PDF, sent to your inbox

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Gray divorce

Why Divorce Hits Retirement Harder

Divorce after 50 often comes when savings are at their largest and the years left to rebuild are fewest. The goal is not simply an equal split on paper. It is a settlement that supports a secure retirement for you.

A dollar is not always a dollar

  • $300,000 in a 401(k) is taxed when you withdraw it.
  • $300,000 in a Roth IRA can be tax free.
  • $300,000 of home equity pays no income and costs money to keep.
At a glance

Four Things That Matter Most for Your Retirement

Keep these four ideas in front of you through every step of the process.

Value

A Dollar Is Not Always a Dollar

$300,000 in a 401(k), a Roth IRA or home equity are worth very different amounts after taxes and costs.

Accounts

How It Is Split Matters

401(k)s and pensions need a QDRO. IRAs move by a transfer written into the decree.

Social Security

The 10-Year Rule

Married 10 years or more? You may claim on your ex-spouse’s record without reducing theirs.

Your plan

From Two to One

One income, one set of tax brackets. The sooner you plan, the more options you have.

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Free guides for women

Free Guides for Your Next Chapter

Start with the Divorce Retirement Checklist. Fill in the short form and your free PDF is on its way. Bring it to your attorney and to us.

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Before and after divorce · 15 pages

The Divorce Retirement Checklist

Protect your retirement before you sign: accounts, Social Security, the house and health coverage.

  • QDROs, IRAs and pensions in plain English
  • Divorced spouse Social Security rules
  • 12 questions to ask your attorney
Get the Free Guide
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For every woman · 15 pages

The Woman’s Retirement Roadmap

Why retirement is different for women, and a clear 7-step plan for income, Social Security, taxes and care.

  • The 4 Social Security benefits women can claim
  • How to plan your income to age 95
  • A one-page checklist to keep with your papers
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After losing a spouse · 16 pages

The Widow’s First-Year Financial Checklist

What needs attention now, what can wait, and how to protect your income, month by month.

  • What to do in the first 30 days
  • Survivor benefits, inherited IRAs and taxes
  • A documents list and scam warning signs
Get the Free Guide
Roger Fishel reviewing a retirement plan with a client at his Orlando office
How we help

Clear Numbers Before You Decide

1

A Confidential Review

We look at every account, the house and your Social Security options, privately.

2

Options Side by Side

We compare settlement choices after taxes and show what each means for your income at 65, 75 and 85.

3

A Plan for One

After the decree, we rebuild your income, Social Security and tax plan around your new life.

Plan My Next Chapter

We work alongside your divorce attorney and do not give legal advice.

Go deeper

Divorce and Retirement, Explained

Choose a topic to read more.

How Retirement Accounts Are Divided in a Florida Divorce

Equitable distribution, QDROs and IRA transfers

Florida is an equitable distribution state. Retirement savings built up during the marriage are generally marital property, and the division usually starts from an equal split. How the money moves depends on the type of account.

Account typeHow it is dividedWatch out for
401(k), 403(b), TSPA QDRO (a court order the plan approves) transfers your share into an account in your name. The TSP uses a similar court order.Money taken out under a QDRO avoids the 10% early withdrawal penalty, but not income tax.
Traditional or Roth IRANo QDRO needed. A transfer incident to divorce, written into the decree, moves your share tax free.There is no penalty exception for IRAs. Never take the money as a check first.
PensionDivided by QDRO, as a share of each payment or a separate benefit for you.Ask for survivor benefit rights, or your payments could stop if your ex dies first.
Military retirementDivided under federal law, with direct payment from DFAS if you were married 10 years during 10 years of service.Survivor Benefit Plan coverage must be elected within strict deadlines.
AnnuitiesOften split by a tax-free exchange into a new contract in your name, depending on the contract terms.Surrender charges and lost living benefit riders.

General education only. Your attorney drafts the settlement and court orders; we help you understand what the numbers mean for your retirement.

Questions women ask us

Divorce and Retirement: Frequently Asked Questions

How are retirement accounts divided in a Florida divorce?

Florida is an equitable distribution state. Retirement savings built up during the marriage are generally treated as marital property and divided fairly, which usually starts from an equal split. Amounts saved before the marriage may be treated as separate property. How each account is divided, and how it is valued, is set by your settlement agreement or the court, so it is worth reviewing the numbers with a financial planner before you sign.

What is a QDRO?

A Qualified Domestic Relations Order, or QDRO, is a court order that tells a workplace retirement plan such as a 401(k), 403(b) or pension to pay part of the account or benefit to a former spouse. Without a properly drafted and approved QDRO, the plan cannot legally divide the account. IRAs do not need a QDRO; they are divided through a transfer that is written into the divorce decree.

Will I owe taxes or penalties when retirement money is divided in a divorce?

A direct transfer made under a QDRO, or an IRA transfer that is required by the divorce decree, is generally not taxable when it happens. Taxes apply later, when you withdraw the money. One useful exception: money you receive from a 401(k) or similar workplace plan under a QDRO can be taken out without the 10% early withdrawal penalty, even before 59½, although income tax still applies. That exception does not apply to IRAs.

Can I collect Social Security on my ex-husband’s record?

You may qualify if your marriage lasted at least 10 years, you are currently unmarried and you are both at least 62. If you have been divorced for at least two years, you can claim even if your ex has not started his own benefit. You can receive up to 50% of his full retirement age benefit, and claiming it does not reduce his benefit or his new spouse’s. If your ex dies, you may qualify for divorced survivor benefits, and remarrying after age 60 does not take those away.

What if we were married for just under 10 years?

The 10-year rule is based on the date the divorce becomes final. If you are close to the 10-year mark, the timing of the final decree can affect your lifetime Social Security options. Talk with your attorney about timing before the divorce is finalized.

Should I keep the house in the divorce?

Sometimes, but it is often an emotional decision more than a financial one. A house comes with a mortgage, taxes, insurance and upkeep on one income, and it does not produce income. Compare it with taking retirement or investment assets instead, and remember that the tax-free gain on a home sale is generally $250,000 for a single owner, compared with $500,000 for a married couple.

Does Florida still have permanent alimony?

No. Florida’s 2023 alimony reform eliminated permanent alimony for new awards. The main types now are bridge-the-gap, rehabilitative and durational alimony, with limits tied to the length of the marriage. For divorces finalized after 2018, alimony is not deductible for the payer or taxable to the recipient on federal returns. Your attorney can explain how the current law applies to you.

When should I talk to a financial planner during a divorce?

Ideally before you sign a settlement. A financial planner can show you how different settlement options affect your retirement income, taxes and cash flow for years to come. We work alongside your divorce attorney and do not give legal advice. Our role is to help you understand what each option means for your future.

Plan • Protect • Prosper

Make Sure Your Settlement Supports Your Retirement

Start with the free Divorce Retirement Checklist, or book a free, confidential review. We will show you how each option affects your income, taxes and retirement.

Get the Free Guide Book a Free Session

Every session is free, by video from home, by phone or in person in Orlando. Prefer to call? (407) 974-7100