Quick answer: In Florida, all vested and nonvested retirement benefits accrued during the marriage are marital assets, and the court starts from the premise that marital assets should be divided equally unless a listed factor justifies an unequal split. The cut-off date is the earliest of a valid separation agreement or the date the petition is filed.
This Florida pension division calculator shows the marital fraction of a benefit and an illustrative share under Fla. Stat. 61.076. You supply the months of service during the marriage, the total months, the monthly benefit and the share you want to test: the statute sets an equal starting point, and the share is your assumption.
Florida pension and retirement division at a glance
| Rule | What Florida says |
|---|---|
| Marital retirement | All vested and nonvested benefits, rights and funds accrued during the marriage in retirement, pension, profit-sharing, annuity and deferred compensation plans are marital assets (Fla. Stat. 61.076(1)) |
| Starting point | The court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal one (61.075(1)) |
| Factors | Ten listed factors, including contributions, economic circumstances, the duration of the marriage, career interruptions and dissipation |
| Nonmarital | Assets acquired before the marriage, and by noninterspousal gift or inheritance, are set apart to the owner (61.075(6)(b)) |
| Cut-off date | The earliest of a valid separation agreement, another date set in that agreement, or the filing of the petition (61.075(7)) |
| Military pay | Federal law caps total court-ordered payments at 50% of disposable retired pay and allows direct payment only after a 10-year marriage and service overlap (10 U.S.C. 1408) |
How does Florida divide a pension?
- The marital share. See how a Florida pension’s marital share is calculated.
- Dates and valuation. See cutoff dates and valuation for retirement accounts in Florida.
- Military and federal pensions. See military and federal pensions in a Florida divorce.
What does this pension division calculator check?
The calculator divides months of service during the marriage by total months of service, applies that fraction to the monthly benefit, and multiplies by the share you enter. The part outside the fraction, such as service before the marriage, is shown separately. For military retired pay it also checks the federal 10-year overlap that allows direct payment (10 U.S.C. 1408(d)(2)). A court may use a different method, and the benefit also depends on the plan’s own rules. To see the rest of the property split, use the Florida property division calculator.
Frequently asked questions
Are pensions divided in a Florida divorce?
Yes. Retirement benefits accrued during the marriage are marital assets subject to equitable distribution.
Is a Florida pension divided 50/50?
The court starts from the premise of equal distribution and departs from it only when a listed factor justifies an unequal split.
Is premarital retirement divided in Florida?
Generally not. Assets acquired before the marriage are nonmarital, though growth caused by marital efforts or funds can be marital.
What is the Florida cutoff date for retirement?
The earliest of a valid separation agreement, another date set in it, or the date the petition for dissolution is filed.
Is military retirement divided in Florida?
Yes, within federal limits: the total payable under all court orders is capped at 50% of disposable retired pay.
Official sources
- Fla. Stat. 61.076: distribution of retirement plans upon dissolution of marriage
- Fla. Stat. 61.075: equitable distribution of marital assets and liabilities
- 10 U.S.C. 1408: military retired pay in divorce
- 26 U.S.C. 414(p): qualified domestic relations orders
- 29 U.S.C. 1056(d)(3): ERISA domestic relations orders