QUESTION
Am I entitled to my husband's 401K and pension after divorce and should I get a lawyer?
Asked on Feb 28th, 2013 on Divorce - Michigan
More details to this question:
Married 07/2008 we have no children no property I have no 401k he does. I have been on my job 11 years. I have pension he been on his job 10 years he has both 401k and pension would I be entitled to any of it or not?
9 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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In Idaho, he would be entitled to 5/11 of your pension and you would be entitled 5/10 1/2 of his pension and 401k.
Answered on Mar 04th, 2013 at 8:25 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You are entitled to 1/2 of what was earned during the marriage. The pension needs to be appraised by an actuary. You should get an attorney to help you.
Answered on Mar 04th, 2013 at 6:53 PM
Family Law Attorney serving Rogers, AR
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Wright, Lindsey & Jennings LLP
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If you are contemplating divorce, I would strongly encourage you to seek legal counsel. Property acquired during the marriage is considered marital property for purposes of dividing property in a divorce. Any retirement assets acquired during the marriage are subject to division in a divorce as marital property.
Answered on Mar 04th, 2013 at 6:42 PM
John Arthur Smitten
You get half the marital portion not half the whole thing.
Answered on Mar 04th, 2013 at 2:25 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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As part of the division of property, each of you can ask for a portion of the retirement funds (both 401(k) and pension) from the date of the marriage to the date of separation. Any deferred income earned before the marriage is separate property. Depending on the amount of pension and 401(k) earned during the marriage, there may be a transfer from one to the other.
Answered on Mar 01st, 2013 at 11:48 PM
You are entitled to one-half of all his retirement and deferred compensation benefits acquired during your marriage. You should get a lawyer to make sure you are protected on these assets.
Answered on Mar 01st, 2013 at 11:45 PM
1 Award
You would be entitled to one-half the community interest in both which is based on the length of your marriage - date of marriage until termination date of community property regime.
Answered on Mar 01st, 2013 at 11:45 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, under the circumstances which you describe both of you would have potential rights regarding both the 401(k) and the pensions which of accrued during the course of the marriage.
Answered on Mar 01st, 2013 at 11:44 PM