The law governing how retirement savings are divided in divorce can help navigate the process smoothly and help you plan for a healthy financial future. Depending on the amount of assets to be divided depends on whether it is marital or non-marital property, which is generally divided between spouses. If the division of assets involves a 401(k), pension or other qualified retirement plan, it's typically split through a qualified domestic relations order (QDRO). This document recognises the right someone other than the original account holder to receive benefits from a retirement plan under divorce or legal separation. However, an exception is if a QDRO distribution is paid to a child or other dependent.