What Part of My Former Spouse's Pension or 401(k) Will I Receive?

Generally, the benefits run parallel with the length of the marriage. In orther words, you are entitled to your portion of all benefits that accrued during the marriage (but not before) up to the date the divorce judgment was entered, or the actual date of division.

A judgment should provide for a percentage of the 401(k) or IRA (such as 50-50 split), as opposed to a specific dollar amount. This allows the parties to share and share alike, in any gains or losses that occur from the date of the divorce judgment to the actual date of division.