QUESTION
Is my husband entitled to any of my benefits and vice versa if we get a divorce?
Asked on Mar 06th, 2013 on Divorce - California
More details to this question:
I have been working for 7 years and have a 401k pension. I think my husband has a pension because he has been working as well. We have been married for 2 years and in the process of getting a divorce.
11 ANSWERS
Medical Malpractice Attorney serving Clermont, FL
at
Joanna Mitchell & Associates, P.A.
Update Your Profile
If you are in Florida, any portion of the pension and 401k that were accrued during the marriage would be considered marital property subject to equal division. Portions earned prior to the marriage are premarital and belong to the person who accrued them.
Answered on Mar 07th, 2013 at 11:33 PM
General Practice Attorney serving Crystal Lake, IL
at
Bruning & Associates, P.C.
Update Your Profile
Thank you for your important question. The lawyers at Bruning & Associates PC will help you. Any retirement benefits received during the marriage are marital property. Any retirement benefits received before the marriage are non-marital property. The court will divide the marital property, usually 50/50. You need to hire an experienced divorce lawyer.
Answered on Mar 07th, 2013 at 7:11 AM
John Arthur Smitten
each gets half of the marital portion of the accounts.
Answered on Mar 07th, 2013 at 7:10 AM
Criminal Law Attorney serving Sacramento, CA
at
Alison Elle Aleman
Update Your Profile
A portion of both your retirement benefits and his retirement benefits, that you each accrued during the time of the marriage, even if that period was only 2 years. Those portions will be figured into the total community estate when it comes time to divide between the two of you. Since you each have interests, they may well match and cancel one another out, preventing either of you from having to pay the other one.
Answered on Mar 07th, 2013 at 7:09 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Deferred compensation, 401(k) plans and pensions generally are considered to be marital savings and subject to distribution if they occurred during the period of the marriage.
Answered on Mar 07th, 2013 at 7:09 AM
Family Law Attorney serving West Bloomfield, MI
at
Law Offices of Eugene Lumberg and Eric S. Lumberg
Update Your Profile
yes, you each can make a claim against the others pension funds. Depending on the amounts, there may be set-offs and other considerations. Consult with an attorney to discuss further.
Answered on Mar 07th, 2013 at 7:07 AM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
Each of you is entitled to 1/2 of the amount earned during the marriage.
Answered on Mar 07th, 2013 at 7:07 AM
Generally, you are each entitled to half of all assets accumulated during the marriage (including retirement accounts). Anything acquired prior to the marriage is presumed to be If you agree that the retirement you accumulated during the marriage is roughly equivalent to the retirement he accumulated during the marriage, your paperwork can reflect that you will each keep your own. If there is a disparity in values, they should be equalized as part of the property settlement in your divorce.
Answered on Mar 07th, 2013 at 7:06 AM
You are each entitled to one-half of whatever was acquired in your pensions and 401k plans during your marriage. Good luck.
Answered on Mar 07th, 2013 at 7:05 AM
Family Law Attorney serving Irvine, CA
at
Law Office of Julie A. Ringquist
Update Your Profile
In California, anything acquired during the marriage (except for gifts and inheritances) is community property and will normally be divided. If you each have fairly equal retirement/401k/pensions, then you may just each choose to keep your own. If part of your 401k was earned prior to marriage, then that part is separate property and won't be divided.
Answered on Mar 07th, 2013 at 7:05 AM
Agriculture Attorney serving Fresno, CA
at
The Law Offices of Tres A. Porter
Update Your Profile
The simple answer is yes. You should consult with a family law attorney in your area.
Answered on Mar 07th, 2013 at 7:04 AM