Can we agree to each keep our own retirement account?
Yes. If you are able to address your equitable distribution issues through a separation agreement, the agreement can be molded to best suit you and your former spouse’s needs. You may prefer to each keep your retirement plans in tact, and offset what you may owe by trading other assets.
Or, you may simply agree to not even include your retirement savings in your equitable distribution calculation, opting to just each keep your own account. This approach is usually ideal when parties have comparable retirement plans, or in cases where the retirement saving is rather minimum. If one spouse has a significantly larger retirement account, or a substantial balance invested in a retirement plan, that asset will most likely not be simply ignored by the other spouse during equitable distribution.