There are many uncertainties involved in getting a divorce. Unless you and your spouse agree on specific terms for asset division and other issues via a prenuptial agreement, uncontested divorce or negotiated terms, the courts will end up making the major decisions. Since every marriage and every divorce is unique, it's impossible for anyone to accurately predict the exact outcome of your divorce.
However, a review of state law and common practices can help you understand the likely outcome of certain aspects of your divorce. One issue that particularly concerns divorcing couples aged 40 or higher is the potential impact of the divorce on retirement accounts. The larger and more complex the assets you've acquired during marriage, the more uncertainty there may be about their allocation in a divorce. Certain rules and practices, however, will guide the court's decision-making process.