These types of retirement plans are more commonly referred to as “pensions”. A defined benefit plan is some set amount of money, paid to a Participant (employee), for their lifetime, beginning upon his or her retirement. These retirement plans, if accrued during the marriage, are subject to division in a divorce action. Although it can difficult to ascertain a specific value for these plans without an actuary, it is usually the largest asset that divorcing parties have that will need to be divided. The provisions of each employer’s plan are unique and therefore your attorney needs to be familiar with the terms of the plan and how it can be divided, before he or she can negotiate a division on your behalf.