QUESTION
How long should one be married before the spouse has right to pension?
Asked on Jan 23rd, 2013 on Divorce - Florida
7 ANSWERS
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington there is no magic number. One second could be enough but probably isn't Confidential Communication.
Answered on Apr 05th, 2013 at 4:06 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Typically, any asset that is acquired during the marriage, including a pension, is subject to equitable distribution, which usually means 50/50. You need to consult with an attorney.
Answered on Jan 27th, 2013 at 5:31 PM
A married person has a right to one-half of all benefits acquired during the marriage no matter how long the marriage may be. If the pension was already being received as a retirement benefit before you got married, you have no right to any of it. Good luck.
Answered on Jan 25th, 2013 at 8:57 PM
Any rights to a pension are based on how long you were married. That is determined by the Time Rule in Marriage of Brown.
Answered on Jan 25th, 2013 at 11:29 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Spouse is entitled to half of pension earned during marriage. Could be a month.
Answered on Jan 25th, 2013 at 11:29 AM
This has less to do with the length of the marriage and more to do with when the pension was earned. Generally speaking, any assets accumulated during marriage are subject to division in a divorce. If someone accumulated pension benefits during the marriage, then the other party may be entitled to receive a portion of those benefits after a divorce. I recommend you consult with an attorney to discuss this matter in greater detail.
Answered on Jan 25th, 2013 at 11:28 AM
The pension is considered marital property and would be considered in equitable distribution. A spouse would be entitled to half of all assets and liabilities accumulated during the marriage. The only question is how much a spouse would be entitled to for the one year of marriage.
Answered on Jan 25th, 2013 at 9:23 AM