Retirement savings accumulated by either spouse during a marriage are marital property and subject to property division in a divorce. That’s the law in Florida.
But an astonishing number of spouses either don’t know this or choose to disregard it.
For a dependent spouse, nothing beats accumulating retirement savings in their own name.
But is that possible for a stay at home homemaker or parent who doesn’t have paid employment? Maybe.
Normally, a person has to have earned income in order to sock money into a retirement account. But there are some exceptions:
- If the dependent spouse’s spouse has earned income, the dependent spouse can put money into their own retirement savings based on their spouse’s income. But keep in mind that the dependent spouse’s deposits reduce what the other spouse may put into their own retirement account.
- If the dependent spouse receives alimony or spousal support, that support is considered income for purposes of determining whether and how much the dependent spouse may put into savings for their retirement.