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