If I get a divorce with my husband of 12 years, is he entitled to half of my retirement?

Question

I am a retired schoolteacher. It is more than he makes at his job.

Steven D. Dunnings · Answer

Yes.

Frances Headley · Answer

If the retirements were contributed to during the marriage then each of you are entitled to part of the other's retirement.  In those cases, often what happens is that each spouse retains their own retirement. You should consult a family law attorney to review all of the facts and advise you how best to proceed.

Sherrie Davidson · Answer

Any retirement earned during marriage is subject to one- half division.  However, sometimes the asset is traded for another or exchanged or waived by either party.

Richard Jacobson · Answer

As is so often the case, the answer to you question is more complicated than anyone would like.  If you are retired and your pension is in payout status, then he could be entitled to a share of it.  However if you have been married only 12 years, probably the bulk of your retirement fund was earned before the marriage.  So there is a good argument that it is your separate property, at least as to the proportion of the monthly payment which was earned before the marriage.  This can be kind of hard to calculate, but it can be done.  There is some authority that the whole retirement fund should be treated as marital property, but I would expect that a Judge would not use that authority in a case like yours.  I strongly suggest you find a skilled family lawyer to represent you in this matter.  I have seen good lawyers fail to understand the ins and outs of dividing pensions in divorce, so you would really benefit from finding someone good.

Tina Fox · Answer

It depends on how long he was/has been on his job. If he has been on his job for say 25 years, then no you are not entitled to 1/2. You are entitled to a portion, but it would not be 50%. If, on the other hand, he has been on his job 10 years, then yes, you are entitled to 1/2.

Julie Ringquist · Answer

Retirement division is a fairly specialized area of divorce, and if you end up dividing retirement benefits, an attorney well versed in this area of law will be needed. In general, all assets and all debts acquired during the marriage will be split 50/50 in the event of a Dissolution of that marriage. If you are able to agree on the division of assets and debts (whether equal division or not), you can file a Stipulated Judgment and divide the assets and debts in whatever way you both agree to divide them.

Barbara Peyton · Answer

Your husband is entitled to one-half of the amount of your retirement earned during your marriage. From the sound of it your retirement benefit is part community property and part separate property. I strongly urge you to meet with a family law attorney to discuss how to handle this issue.  Retirement benefits are extremely complicated.

Erin Farley · Answer

In general, your husband is entitled to 1/2 of the community property portion of your retirement (that portion which was earned after the date of marriage and prior to separation).

Mark T. Peters · Answer

In Idaho, he would be entitled to one-half of the value of your retirement for that 12 year period.

Richard Wooster · Answer

He has an interest in the portion of your retirement earned during your marriage. If you were already receiving your retirement when you got married, it is your separate property.

John Kirchner · Answer

All marital property (i.e. all property, including retirement benefits, acquired during the marriage) is to be fairly divided. That principle applies to the entirety of the marital property, not just each item independently. What is "fair" is whatever you and your husband agree is fair. If you can't agree, a judge will make the decision after evaluating all the relevant facts and circumstances. There are no fixed, absolute rules although 50/50 is usually a starting point for approximate results. Determining what portion of retirement benefits were earned during the marriage typically relies upon a formula of dividing the years of employment during the marriage by the total number of years in the employment where the benefits were earned.

Elizabeth Jones · Answer

He gets half of the amount represented by the time from date of marriage to date of separation. And you get the same from his.

Monica H. Donaldson Stewart · Answer

Generally speaking, each spouse is entitled to half of any retirement benefits that accumulate during the marriage. Benefits were accumulated prior to your marriage would be excluded from the division.

Richard Zasada · Answer

Everything accumulated during the marriage is marital property. Therefore, your spouse would be entitled to half of the retirement for the years you were married. There may be a way you can offset it and not gave to QDRO the retirement.

Anne Howard · Answer

He's entitled to half your retirement, you may be entitled to alimony.

Robert De Groot · Answer

He will probably be entitled to half of what was put in retirement during the marriage.

Eric Lumberg · Answer

He can claim a share of the marital portion of your retirement fund. Talk to an attorney to discuss this issue in further detail and see what other options are available.

John Brennan · Answer

He is entitled to 50% of the contributions and accumulation during the period of the marriage, generally, with potential exceptions. See an attorney.

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If I get a divorce with my husband of 12 years, is he entitled to half of my retirement?

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