Am I entitled to my husband's pension and 401K from the marriage date to the divorce date or to the separation date?

His retirement account is a marital asset to the extent that contributions to it were made during your marriage, starting on the day that you got married and at least until the date of separation. A better date for you may be the date on which a dissolution of marriage action is filed.

The cut off date for the valuation of marital assets and debts is the filing of the petition for dissolution of marriage. Florida does not have legal separation. However, sometimes, a judge might use a long separation as a justification for not dividing marital assets 50/50. You should consult with an attorney in order to best determine your potential rights and options.

My argument would be to the date of separation, the date you stopped living together as husband and wife. There is case law to support this contention. On the other hand, 50 percent of those who separate get back together. If you get back together and resume living as husband and wife, one could argue to the contrary.