Traditionally, January is the busiest month of the year for divorce filings. There is no added legal benefit to filing this month but many think it is most popular because the Christmas holidays have caused an imminent filing to be pushed off. Of course, this year might even be busier than most because of the uncertain economy. Here are some tips to help you understand one of your largest marital assets and some details of dividing it with your soon to be ex-spouse.

Dividing retirement plans. A portion of a retirement plan earned during your marriage can be categorized as a martial asset. The non-owner spouse can receive their share of the future benefit or the benefit can be future valued and offset. These plans include 401(k), 403(b), pension plans, IRA plans, and more.

401(k), 403(b) and pension plans. Dividing an employee-sponsored plan like this between divorcees requires a Qualified Domestic Relations Order (QDRO). This legal document divides the retirement benefits of a work related retirement plan. Not using a QDRO may expose the divorcing parties and future withdrawals to taxes and early-withdrawal penalties.