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Property and Asset Division in Divorce Cases Retirement Accounts and Pensions In cases where divorcing parties have retirement accounts or pensions, those assets are subject to division as part of the divorce as they are considered marital property. However, retirement accounts and pensions are considered and divided differently, and there are ways to ensure that you are receiving present day, actualized value for your awarded portion. Determining what the “marital portion” of those accounts can often be the first problem.

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