re: Getting financially screwed in divorce

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Yes I could see the Roth and pension contributions being split evenly if i was the only worker and she was a stay at home mom. Or even if she worked part time.

But the case is we both worked full time. The entire marriage. The same job. I just had more experience and pay and saved

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But in the court's eyes, there is no distinction between income during a marriage.

Let's say for example Spouse 1 makes $100k and Spouse 2 makes $100k.

Spouse 1 is in charge of family finances.

Spouse 1 decides that 20% of Spouse 1 Salary will go to Spouse 1 retirement and 0% will cover household expenses such as childcare, vacations, etc.

Spouse 1 decides that 5% of Spouse 2 salary will go to Spouse 2 retirement and 15% will cover the household expenses.

In a divorce, should Spouse 1 then be able to keep full retirement with no allocation?

I know it's a simple example, but it's the lens through which it will be viewed.

Best bet will be to try and find as much documentation of pre-wedding balance as possible and try to protect as much between now and when divorce is final.