QUESTION
If I divorce after 7 years will my wife be entitled to half my pension?
Asked on Dec 18th, 2012 on Divorce - California
More details to this question:
My marriage is not working out. We have no kids together and big assets.
17 ANSWERS
Have you thought about Mediation? Mediation is Fast, Effective and Affordable. Everything is negotiable.
Answered on May 23rd, 2013 at 8:56 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Your wife will have a valid claim to a fair share of the marital property acquired during the marriage. That means that the part of your pension that was earned during the marriage is marital property. There are no fixed rules as to what a fair share is if you and your wife can't agree to what is fair. Typically most people believe that 50/50 is "fair", but the answer may well depend on what else is involved because there is no rule that says each item of property must be treated the same; the test is what the overall end result is.
Answered on Dec 20th, 2012 at 5:25 AM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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If you're in Texas, the general rule is that whatever pension rights you accumulated during the marriage are divisible as community property. It doesn't necessarily mean a 50-50 in all cases, but that's a pretty good starting point. See a lawyer, for goodness' sake.
Answered on Dec 19th, 2012 at 5:50 AM
Generally speaking, each spouse is entitled to receive half of any assets that were accumulated during the marriage. If you contributed to your pension prior to the marriage and/or after the marriage, then your spouse's share would not be half of the total accumulation of benefits, but only have of the part that can be attributed to the period during the marriage. I recommend you consult with an attorney to discuss this matter in greater detail.
Answered on Dec 19th, 2012 at 5:50 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Get an attorney. She's entitled to 1/2 the pension earned during the marriage, not beforehand and not after the date of separation,
Answered on Dec 19th, 2012 at 5:49 AM
You have not indicated over what period of time you built up your pension. Spouse has an interest in portion of pension accrued during marriage. You need an attorney.
Answered on Dec 19th, 2012 at 5:49 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Idaho is a community property state. Therefore, your wife will entitled to one-half of your pension for the period of time that you were married. So, if the pension is for 20 years of work, she gets .5*7/20* amount of pension.
Answered on Dec 19th, 2012 at 5:43 AM
She will be entitled to one half of the value added during the marriage. You should consult a family law attorney to assist you with the figures.
Answered on Dec 18th, 2012 at 9:12 PM
Everything accumulated during the marriage is marital property and will be equitably divided unless the parties can make an agreement.
Answered on Dec 18th, 2012 at 9:12 PM
Your wife will be entitled to one-half of whatever part of your pension you earned during the marriage to her.
Answered on Dec 18th, 2012 at 2:17 PM
Generally she will be entitled to accumulations during the marriage but the final property division does not necessarily require division if there are other assets to provide for an equitable division of property.
Answered on Dec 18th, 2012 at 2:16 PM
Family Law Attorney serving Valencia, CA
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Samuel M. Besse Jr.
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In California, no matter how long you have been married, each spouse is entitled to 50% of the community property interest in the pension. The length of marriage is one factor used to determine the community property interest.
Answered on Dec 18th, 2012 at 2:11 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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Arizona is a community property state so assets accrued during the marriage are subject to equitable division. If your entire pension benefits was accrued and earned during the marriage, then yes, your wife can make a claim against it. I would consider consulting an attorney to learn more about the dissolution process.
Answered on Dec 18th, 2012 at 2:07 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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She will be entitled to 50% of the community property interest in your pension, as well as 50% of all other community property assets and 50% of all community property debts.
Answered on Dec 18th, 2012 at 2:06 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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The judge will divide the overall marital estate in a way he/she thinks is fair. The judge will not divide each asset in half. I suggest you hire a lawyer.
Answered on Dec 18th, 2012 at 2:06 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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She could be entitled to the increase in value during the 7 years. Talk to a lawyer to discuss all possible asset issues.
Answered on Dec 18th, 2012 at 2:05 PM
Your wife will be entitled to a portion of your pension representing the time from the date of marriage to the date of separation.
Answered on Dec 18th, 2012 at 2:04 PM