January brings that “new year, new me” energy, particularly for those moving from a “we” to a “me." It's often nicknamed “Divorce Month” due to the high number of splits that occur. After couples get through the obligations of the holidays, they’re ready to stop pretending everything is merry and bright, grieve the end of their marriage and start untangling the assets.
For couples without prenups and divorcing in one of the nine community property states, assets accrued during the marriage may be split 50/50. The remaining states use equitable distribution, which divides marital property in a way that’s deemed “fair” — which isn’t always equal. That includes retirement funds, and for some types of retirement accounts you need a Qualified Domestic Relations Order to split things.
