QUESTION
If I have been married for 5 years, is my spouse entitled to my pension?
Asked on Apr 09th, 2014 on Divorce - Florida
8 ANSWERS
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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Your spouse may be entitled to a portion of that part of your pension which was acquired during your marriage. What you had in the pension prior to your marriage would be yours alone.
Answered on Apr 11th, 2014 at 9:13 AM
Great question. Your wife may be entitled to half the monies earned during the 5 years of marriage. Monies earned prior to the marriage and subsequent to the final judgement of divorce should be considered your separate property. My suggestion is that you contact a divorce attorney with this matter so that you will be assured of receiving proper information.
Answered on Apr 10th, 2014 at 8:32 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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A Judge makes that decision.
Answered on Apr 10th, 2014 at 8:32 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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One-half of the amount put into it from the date of marriage to the divorce. If you had the pension for 10 years, then (5/10) value of pension.
Answered on Apr 10th, 2014 at 8:30 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally, in the state, in a divorce a spouse is entitled to the pension benefits accrued during the marriage. They are allocated in what is known as a qualified domestic relations order. Life, and especially divorce, is complicated. I would strongly suggest that you see counsel so that you understand what positions are reasonable to take and the results you can expect.
Answered on Apr 10th, 2014 at 12:28 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Your spouse might be entitled to a spousal portion of your pension due to your work during the marriage..So if you worked for 30 years and were married for 5.. think 5/30 (years of marriage/years of pension accrued) x 1/2 (spousal portion) x pension..
Answered on Apr 10th, 2014 at 12:11 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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A pension is marital property to the extent it was earned during the marriage. So yes, whatever part of the pension was earned during those 5 years is part of the assets that have to be divided.
Answered on Apr 10th, 2014 at 12:11 PM
2 Awards
Generally, funds that have accrued during the marriage are considered marital property subject to equitable distribution. You should consult with a divorce attorney in your area for further guidance specific to your case.
Answered on Apr 10th, 2014 at 11:58 AM