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The court has authority to divide any marital property -that includes property acquired during marriage, excluding those acquired by gifts/inheritances.
The court will divide such property, including pensions and 401Ks, in an "equitable fashion" -this does not necessarily mean equal; rather the court will divide the property in a manner in which they deem fair.
The QDRO is typically how pensions are distributed: a qualified domestic relations order; basically the parties, the court and the plan administrator will work together to ensure that the order that directs distribution reflects the court's orders regarding the division of the asset.
Factors the court will consider when dividing property under the equitable theory:
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