QUESTION
I have only been married less than a year, and my husband is getting a pension from a former job, am I entitled to part of it?
Asked on Jun 05th, 2013 on Divorce - Michigan
More details to this question:
Am I entitled to part of his pension, he will get next month, from a former job. We have been married a year, next month.
7 ANSWERS
You are only entitled to a portion of the Pension that was earned during your marriage. It sounds like there is none.
Answered on Jun 06th, 2013 at 12:29 AM
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If there is some portion of the pension that was earned during your marriage, maybe, but such amount is likely to be a pittance for less than a year (and from your description, maybe even less than that, as this is a "former" job) and much smaller than the legal fees you would incur trying to obtain it. In fact, for such a short term marriage, barring certain circumstances, there would be very little either of you would be entitled to from the other. (Generally, if you have incurred debt together, you would be entitled to have him pay his share; if you assisted in a joint business; or if you sold something belonging to both of you you could be entitled to split the monies received; etc.) Talk to a lawyer about the specifics of your situation.
Answered on Jun 06th, 2013 at 12:27 AM
Family Law Attorney serving Las Vegas, NV
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Law Offices of Webster & Associates
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If you divorce you are entitled to just that portion earned during marriage.
Answered on Jun 06th, 2013 at 12:26 AM
Family Law Attorney serving Durham, NC
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Morelos Law Firm
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I assume you are talking about in the context of now being separated, as opposed to still happily married living together? As a spouse, you do have 50% interest in his retirement/pension assets but ONLY the "marital portion" or value accrued from the date of marriage to the date of separation which in your situation sounds like is a very short time. Also, you would need to actually agree to all this in a separation agreement or else file for your property division rights in court before any divorce was granted. You should consult with an attorney to discuss further.
Answered on Jun 06th, 2013 at 12:26 AM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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Only the part of the pension accrued during the marriage is community property and subject to division in a divorce. The portion earned prior to the marriage is separate property and cannot be divided by the court but can be divided if the parties agree to do so. I suggest you hire a lawyer.
Answered on Jun 06th, 2013 at 12:25 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Perhaps a very small part of it in Michigan, see an attorney.
Answered on Jun 06th, 2013 at 12:25 AM
You are entitled to one half the marital portion of his pension. If the entire pension is premarital, you are most likely entitled to nothing from the pension.
Answered on Jun 06th, 2013 at 12:25 AM