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S. Kathi Brown, AARP Research

Divorce can be quite difficult, both emotionally and financially. It is important that both parties in a divorce be aware of the laws and regulations that will have a bearing on their

long-term financial security. During the process of splitting assets, it is especially important that the two spouses remember to consider retirement assets such as any 401(k) plans or

pensions.  In cases where most of the retirement assets accrued during a marriage are in one spouse’s workplace retirement plan, oftentimes the other spouse is not aware that they may be

entitled to a share of those retirement assets or that they need a special court order called a Qualified Domestic Relations Order (QDRO) to ensure that they receive their share.  Because

men are still the primary breadwinner in most marriages and tend to accrue more retirement assets than women, this issue is particularly relevant to women.

Conducted in July 2021, these in-depth interviews with 21 women address the high emotional and financial toll of divorce and the need for reliable guidance on navigating divorce, especially

guidance on how to secure a share of the marital retirement assets.

Overall, many separated and divorced women whose spouse/former spouse was the primary breadwinner in their marriage feel helpless, vulnerable, and alone as they go through the separation or

divorce process.

Many women, even those who are currently married, do not know much about their spouse’s/former spouse’s retirement benefits.

Notably, some divorced or separated women who used attorneys were not advised appropriately about their entitlement to retirement benefits.

These findings suggest it is critical to:

household’s finances and assets throughout their marriage.Educate women about the importance of a QDRO and how to get one before their divorce is finalized.Empower women to be proactive

during their separation/divorce proceedings to help ensure they are satisfied with the overall outcome.

Many women feel that there is a lack of free (or affordable) guidance, resources, and information about how to navigate a separation or divorce, particularly in the absence of domestic

violence. 

helping women navigate the financial aspects of separation/divorce include:Providing pre-divorce counseling to help women understand what their finances may be like after a divorce and how

best to secure their share of any marital assets.Providing a “divorce checklist” on which women can list all of their joint assets and review key steps to take during the divorce process.

Messaging Lessons Learned

When reviewing messages about the importance of securing one’s share of a spouse’s retirement assets during the divorce proceedings, women prefer messages that come across as objective and

easy to understand. Overall, this research suggests that effective communication for women about retirement assets and divorce should:

emotional tone.Use language that is easy to understand without the help of a lawyer or research.Embed a clear call-to-action with immediate next steps.Use specific examples such as a “401(k)

or pension” when referring to workplace retirement benefits or retirement assets.Reference the “legal” right that most women have to their spouse’s retirement benefits.Clarify that this

issue is relevant regardless of age by using phrases such as “no matter your age” and “important to your long-term financial security.”Explain that, even though a QDRO is usually needed in

order to secure one’s share of a spouse’s/former spouse’s retirement assets, not all attorneys know how to draft QDROs.  Clarify that a QDRO specialist may be needed.Explain that this issue

must be addressed before the divorce is finalized.Specify where to find additional resources and information. Methodology

This qualitative research study among women ages 35-64 was conducted in July 2021.  A total of 21 women participated in in-depth, online interviews, including 8 who were divorced, 8 who were

separated, and five who were married. All interviewing was conducted by Limelight Insights by Shugoll. This project was a collaboration between AARP and The Pension Rights Center.

For more information, contact S. Kathi Brown of AARP Research at [email protected]. Media inquiries should be directed to AARP’s External Relations department at [email protected].

Suggested citation:

Brown, S. Kathi. Remembering Retirement Assets During Divorce: Qualitative Research Findings. Washington, DC: AARP Research, April 2022. https://doi.org/10.26419/res.00534.001

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