What happens to retirement funds and 401(k) plans in a divorce?
In Maryland, as of the date of the marriage, all of your retirement accounts are actually considered marital property. When you get a divorce, the court will take the date of marriage to the date of divorce and that is considered marital funds. At that point, the court will divide those or in any exceptional circumstances 50/50 between the parties. Any assets to your retirement account that you acquired prior to marriage are considered premarital and your assets.