Many people believe that a pension is the sole property of the spouse whose name is on the plan. Under Florida law, that is simply not true. Florida Statute 61.076 makes clear that pensions earned during the marriage are considered marital assets just like 401(k)s, IRAs, and other defined benefit retirement plans. That means the portion accumulated from the date of marriage through the date one spouse files for divorce is subject to equitable distribution, which typically means an equal division.
Importantly, only the marital portion of the pension is divided. Any benefits earned before the marriage or after the date of filing are treated as non marital and remain the separate property of the spouse who earned them.
Retirement accounts of every kind represent long term financial planning for the future. During a marriage, spouses are presumed to be building that future together. Florida law reflects that principle by treating retirement savings—whether in a pension, a 401(k), or an IRA—as joint marital investments. Savings for one is savings for both, and each spouse is entitled to share in the retirement security built during the marriage.
