QUESTION

How many years of marriage to be entitled for pension?

Asked on Jun 14th, 2013 on Divorce - Michigan
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7 ANSWERS

Family Attorney serving Sacramento, CA at Peyton & Associates
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The only thing that is regulated by how long you are married is social security. In order to claim under your spouse's social security you need to have been married for at least ten years. With all other retirement accounts you are entitled to one-half of all of that acquired during the marriage.
Answered on Jun 18th, 2013 at 12:11 AM

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The portion of a pension that constitutes community property would be the amount earned during the marriage. Each party would be entitled to one half of the portion of the pension earned during the marriage. The pension earned prior to the marriage is the separate property of the spouse who earned the pension, and not subject to division.
Answered on Jun 18th, 2013 at 12:11 AM

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If the pension is vested then you get one half of what was earned toward it no matter how long the marriage.
Answered on Jun 17th, 2013 at 9:53 AM

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Family Attorney serving Arlington, TX at The Nwokoye Law Firm
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You are entitle to 50% of your spouse's retirement accumulated from the date of marriage.
Answered on Jun 15th, 2013 at 8:20 AM

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Any rights to the other spouse's pension is determined by a time rule. A short marriage gives you a small per cent age. A longer marriage gives you a larger percentage. See an attorney.
Answered on Jun 14th, 2013 at 11:13 AM

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Family Law Attorney serving Durham, NC at Morelos Law Firm
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In general, a spouse is entitled to 50% of the "marital portion" of the other spouse's retirement or pension. For retirement accounts that's pretty easy because you just look at the balance on the date of the marriage and on the date of separation and subtract and then divide by two (aside from factoring in any post separation increases or decreases, which depends on certain factors how that will be handled). But for pensions, which even the actual employee doesn't really know what he/she will get until retirement (since it is based namely on years of service), then what will usually be put into any divorce settlement or order is that the other spouse will get 50% of the marital portion, which will need to be calculated at that later time. You should consult with an attorney
Answered on Jun 14th, 2013 at 11:13 AM

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Divorce Attorney serving Bloomfield Hills, MI at Catchick Law, P.C.
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The general rule in Michigan is that a spouse is entitled to 50% of the other's benefits that accrued during the course of their marriage. However, the document required to divide a Pension, called a "QDRO" ("Qualified Domestic Relations Order"), usually costs at least $400 - $500 to prepare, so whether you should actually seek your 50% share of your spouse's pension at least partially depends on the length of the marriage. For an extremely short-term marriage (1 -2 years), it may not be "worth it" to pay for and go through the QDRO process.
Answered on Jun 14th, 2013 at 10:40 AM

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