QUESTION

Can I still receive part of my husband's pension if we divorce in another state?

Asked on Jun 10th, 2015 on Divorce - Florida
More details to this question:
I have been married to my husband for twenty years, we were married in the state A, we moved to State B, we may be getting divorce, am I still entitled to part of his pension since we live in state B now, and I have no income because he ask me to stop working to raise our family. One has graduated from college, the 19 year old is on his way to college in the fall their college is all ready paid for. We have two other grown adults that are married, so I've always made sacrifices. He's a retired police officer and gets a full pension, he tells me that if we divorce I cannot get any pension, because we moved to another state, and we were married in state A, is this true?
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5 ANSWERS

John Arthur Smitten
You get half the pension. Hire a lawyer.
Answered on Jun 17th, 2015 at 1:46 PM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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Husband is giving you a line. As long as State B says the pension is divisible normally state B doesn't look at where it was earned. Ask the Husband for documents reflecting what he says and then speak with an attorney.
Answered on Jun 17th, 2015 at 1:46 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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I have no idea and do not practice law in State A or State B, I practice law only in Florida, and that is what this question is tagged with. In Florida his pension was acquired during the marriage and is a marital asset.
Answered on Jun 17th, 2015 at 1:46 PM

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Without knowing what states you're talking about, it's rather impossible to answer your question specifically. Generally, if you have been living as husband and wife in Florida for more than 6 months, Florida will generally have jurisdiction over your divorce. In FL, you may be eligible for one or more types of alimony, including permanent alimony, depending on the facts of your case. Additionally, FL is an equitable distribution state, so you would generally each be entitled to presumptively half of the marital assets and liabilities, which would generally include half of the marital portion of the retirement benefits. However, certain police officer and firefighter pensions are exempt from Qualified Domestic Relations Orders issued by the family court in a divorce case, but there are other ways to compensate you for your half interest in the marital portion of his pension. Consult with an attorney to discuss the specifics of your situation and your options.
Answered on Jun 17th, 2015 at 1:46 PM

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It will certainly depend upon the laws of the other State, however, I would say your chances are very good that you will be entitled to 1/2 of your spouses pension. Good luck.
Answered on Jun 17th, 2015 at 1:46 PM

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