QUESTION
Am I entitled to my wife's pension since she is getting half of mine?
Asked on Mar 31st, 2013 on Divorce - Michigan
More details to this question:
My wife and I both work for the state and both have our own pensions. I know she will get half my retirement but am I entitled to hers? My pension is larger than hers.
15 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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The community portion of a pension or retirement account, meaning what was earned toward the account while married, is subject to division by the court. You should speak with an experienced family law attorney to discuss this issue. Depending on relative values of your respective pensions or retirement accounts there may be a way to offset values or amounts due from one to the other. What this means is that rather than each of you getting half of the other's pension there may be an adjustment so that, in your circumstance where yours is substantially larger than hers, nothing comes out of her pension, but what she gets from your pension is adjusted downward to reflect what would be your portion of hers.
Answered on Apr 04th, 2013 at 9:22 PM
Yes, each spouse is entitled to one half of the community portion of the other's pension. When both have pension, it is common to agree for each to keep their pension and to make any necessary equalizing payments from other assets.
Answered on Apr 03rd, 2013 at 8:11 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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You are each entitled to 50% of the pension that accrued from date of marriage to date of separation. However if you both want to keep your respective pensions and husband's is larger you can offer another asset worth the difference of the two plans.
Answered on Apr 02nd, 2013 at 4:59 AM
John Arthur Smitten
If acquired during the marriage, yes you get half.
Answered on Apr 02nd, 2013 at 12:42 AM
Both of you are entitled to one half of whatever was acquired during the marriage.
Answered on Apr 02nd, 2013 at 12:14 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You are each entitled to half of the other's retirement.
Answered on Apr 02nd, 2013 at 12:04 AM
David M. Axinn
In both cases, the portion of the pension that was earned during the marriage (between the date of the marriage, and the date of separation), can be divided. This could be done in various ways, either by dividing both pensions, or giving her a reduced share of yours.
Answered on Apr 01st, 2013 at 11:45 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, or you can adjust it so that she keeps hers and takes less than half of yours.
Answered on Apr 01st, 2013 at 11:45 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Potentially but the State may not be liable for both your pension and hers. I think that usually the lower earning spouse has the option of choosing their own pension, or their elective share of their spouse's pension, whichever is greater.
Answered on Apr 01st, 2013 at 9:39 PM
2 Awards
Yes, as to the marital portion of the pension.
Answered on Apr 01st, 2013 at 9:37 PM
Theodora B. Fader
Typically, each spouse would receive a portion of the other spouse's pension when the parties divorce. However, there are circumstances when this does not occur. This largely depends on the facts of a given case.
Answered on Apr 01st, 2013 at 9:37 PM
Yes, you are. What we do sometimes, is offset the amounts. For instance, if you would owe her $10k and she would owe you $7,000, then you would simply pay her $3k.
Answered on Apr 01st, 2013 at 9:31 PM
Family Law Attorney serving Los Angeles, CA
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Hammers & Baltazar, LLP
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Yes. You are entitled to of her pension as long as it was earned during your marriage.
Answered on Apr 01st, 2013 at 9:24 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, both of you will be entitled to a portion of the others pension which accrued during the course of your marriage, such are considered the marital savings and are allocated at divorce.
Answered on Apr 01st, 2013 at 9:09 PM