Eggs with the words pension, retire and 401k written on themBoth New Jersey and Pennsylvania are equitable distribution states.  As such, retirement assets earned during the marriage are marital property subject to equitable distribution.  Likewise, retirement assets earned prior to or after the marriage are excluded.  It is very important, as this article outlines, that your retirement assets are transferred correctly so that you are not penalized or taxed unknowingly.  These transfers are done regularly with the property guidance.