Will my ex get half of my retirement?

 

The courts don’t like to spend a lot of time dealing with arguments over the red chair and the green lamp and the like.  Therefore if the parties can’t agree and decide that the division will be left up to the court, the court will order that all such personal property be sold at an auction or garage sale and each party receive half of the proceeds.  However, with respect to larger items like investment accounts and retirement accounts the court will become involved and typically treat such accounts as savings accounts and divide the value on a 50/50 basis unless equitable and compelling arguments are made to the court explaining why such a division would be unfair.