Open/Close Menu Law Office of Daniel Hutto

How Does Divorce Affect Retirement Savings?

Divorce is a complex process that can have far-reaching financial consequences, including impacting retirement savings.

In Arizona, the division of assets in a divorce can significantly impact an individual’s retirement plans and financial future.

This article will explore how divorce can impact retirement savings in Arizona and what steps individuals can take to minimize the damage.

Our Phoenix Divorce Lawyers are Here to Help!

Click to Call (602) 536-7878

divorce impacts retirement


Divorce is common in the United States, with over 800,000 marriages ending in divorce each year.

In Arizona, the divorce process can be complicated, particularly when it comes to dividing assets.

Retirement accounts are often among the assets that need to be divided during a divorce, which can significantly impact an individual’s financial future.

The Division of Retirement Assets in Arizona

In Arizona, retirement savings are considered to be marital property, which means that they are subject to division during a divorce.

The process of dividing retirement savings can be complex, particularly regarding defined benefit plans, such as pensions, and defined contribution plans, such as 401(k)s and IRAs.

Several methods can be used to divide retirement savings in Arizona, including the following:

  • Direct Transfer: This method involves transferring a portion of the retirement savings from one spouse to the other. This can be done through a Qualified Domestic Relations Order (QDRO), which is a court-ordered document that allows for the transfer of retirement savings between spouses.
  • Offsetting: This method involves offsetting the value of the retirement savings against other assets, such as a bank account or real estate. This allows for the value of the retirement savings to be considered in the overall division of assets.
  • Buyout: This method involves one spouse buying out the other’s interest in retirement savings. This can be done through a lump sum or a series of payments over time.

Regardless of the method, an individual’s retirement account division can significantly impact one’s financial future.

The Impact of Divorce on Retirement Savings

Divorce can have a significant impact on an individual’s retirement savings, including the following:

  • Decreased Savings: When retirement savings are divided in a divorce, each spouse typically ends up with less than they would have had if they had remained married. This can result in a decreased ability to save for retirement and a lower living standard.
  • Delayed Retirement: The decreased savings from a divorce can also result in a delay in retirement. Individuals may need to work longer to rebuild their retirement savings and ensure they have enough money to support themselves in retirement.
  • Increased Taxes: The division of retirement savings in a divorce can also result in increased taxes. For example, if a portion of a 401(k) is transferred to a spouse, the recipient may be subject to income taxes on the amount received.

Recommended Choice When Searching “Phoenix Divorce Lawyer Near Me”

We Are Here To Listen. Schedule a Free Consultation Today & Speak with an Experienced Attorney Now.

divorce during retirement

Protecting Your Retirement Savings in a Divorce

To minimize the impact of divorce on retirement savings, individuals in Arizona can take the following steps:

  • Negotiate a Marital Settlement Agreement: A Marital Settlement Agreement (MSA) is a written agreement between the spouses that outlines the terms of the divorce, including the division of assets. Negotiating an MSA can allow individuals to have more control over the division of their retirement savings.
  • Seek the Advice of a Financial Advisor: A financial advisor can help individuals understand the impact of divorce on their retirement savings and provide guidance on minimizing the damage. They can also help individuals understand the tax implications of the division of retirement savings.
  • Consider Mediation: Mediation is a process in which a neutral third party helps the spouses reach a resolution to their disputes. Mediation can be an effective way to negotiate the division of assets, including retirement savings, and can help minimize divorce’s impact on these savings.
  • Consult with a Divorce Attorney: A divorce attorney can help individuals understand their rights and responsibilities in dividing assets, including retirement savings. They can also provide guidance on the best strategies for protecting retirement savings during a divorce

implications of divorce


Divorce can significantly impact an individual’s retirement savings in Arizona, but some steps can be taken to minimize the damage.

By negotiating a Marital Settlement Agreement, seeking the advice of a financial advisor, consulting with a divorce attorney, and considering mediation, individuals can protect their retirement savings and secure their financial future.

It is essential for individuals facing divorce to understand the impact that it can have on their retirement savings and to take steps to minimize the damage.

With the proper support and guidance, individuals can navigate the divorce process and emerge with their retirement savings intact.

Divorce Can Impact Many Aspects of Your Life, But We are Here to Assist

Divorce Attorneys in Phoenix AZ

Our lawyers at the Law Office of Daniel Hutto are experts on all stages of the divorce process. At Colburn Hintze Maletta, our experienced attorneys are dedicated to providing clients with the best legal representation for their divorce proceedings.

Our attorneys are experienced in all stages of the divorce process, from filing the initial documents to litigating in court, and they are well-versed in family law matters. We understand that making the decision to split up is difficult and complex, and it is normal to have changing opinions. 

Ultimately, whatever path one chooses should be based on what one believes is in their best interest. We work hard to ensure that each client receives fair treatment during a divorce.

Our goal is to provide comprehensive legal representation so that clients can move forward with their lives with peace of mind. Get in contact with your attorney today, so we can help advise you through your unique situation at 602-833-0986

Some of Our Real Client Reviews

Daniel was really great! I did not work work him directly but the work he’s done for my best friend and her daughter, we are so grateful for! He was really dedicated, always available when she needed him, professional and well prepared. He helped my best friend get primary custody of her daughter which is never an easy matter and he did advised well and knew his stuff. Thank you Daniel!
⭐⭐⭐⭐⭐ Savanah Linares (Review from Google)
Daniel and Shannon are some of the best lawyers out here. I came to them with a very complex and all over the place case. I have called a few other lawyers prior to retaining Daniel and those offices pretty much turned me away. As soon as I told Daniel about my case they acted quickly to assist and made such movement that took me months to do on my own. I truly felt that Shannon and Daniel took my case to heart and their passion about it was amazing. Thank you so much for your help and guidance. If anyone is looking for aggressive but very passionate lawyers you need to stop playing and retain the office of Daniel hutto..
⭐⭐⭐⭐⭐ Anthony Wilson (Review from Google)
If I could rate this law office 100 stars I would. Daniel and his staff went above and beyond what they needed to do to help me with my case. They did it with the utmost professionalism and respect. I couldn't have asked for a better law office to represent me. I would highly recommend to anyone who needed an attorney.
⭐⭐⭐⭐⭐ Taylor Cochran (Review from Google)
Tried and proven! I highly recommend Daniel and his team for any international matters that you may need. Daniel is an AMAZING attorney and his professional service was simply awesome. Caring and a very knowledgeable attorney who keeps you involved during the entire process. He gave prompt replies, incredible legal knowledge, displayed a high level of professionalism, clear thorough advice and completed research to find the best winningest option for you! We won...Simply the BEST from start to finish!!
⭐⭐⭐⭐⭐ Philippa A. (Review from Avvo)

Daniel Ian Hutto

This website is for informational purposes only. Using this site or communicating with the Law Office of Daniel Hutto through this site does not form an attorney/client relationship. This site is legal advertising.

© 2023 Law Office of Daniel Hutto, PLLC - All Rights Reserved | Privacy Policy



Call Now ButtonCall Now - We're Available