Will I get half of my husband's pension when he retires?

You are not considered separated until you have split with the intention of not getting back together. You should consult an attorney for further information regarding your rights.

Yo are entitled to one-half of all retirement earned by him during your marriage, which sounds like whatever the total years are, one year will be deducted from your half. Good luck.

The technical answer is that you should receive half of that portion of the retirement that was earned from marriage to separation. In your case, separation should mean the final separation. It will be necessary to file amended dissolution paperwork with the new date of separation. How you divide the pension depends on what kind of pension it is. If it is a traditional formula monthly pension, then you will get your percentage based on the amount of time you were married vs. his total time in the job that earned the pension. So, if he was already working when you married, the time he put in before marriage is his and you don't share that. The time he puts in after separation is also his alone. You only get 1/2 of the part when he was working and you were married to him. If he has a 401(a), 401(k), 403(b), 457, IRA or any other type of retirement (except Social Security) you get that, too. Military pensions are different. If he is active duty military or reserve and that is the pension you are discussing, there are special rules that apply. Get a lawyer to help you, at least with this part. Even if it is a simple 401(k) and that's it, you can easily cheat yourself out of thousands if you don't know what you are doing and, trust me on this, almost no-one does.

In general, you are entitled to 1/2 of what was earned during the marriage.

You'll receive one half of the community interest which is the total length of time you were married (including the time you attempted a reconciliation) divided by the total number of years of employment. For example if you were together a total of 9 years and he was employed for 30 years you would receive .5 * 9/30 = 15 percent.

You would be entitled to one half of the value of the pension that was accumulated during the marriage. You should consult a family law attorney to determine how the evaluation would be made.

To the extent there were contributions during marriage, then you will receive you community interest therein.

You are entitled to one-half of the community's share the retirement account. This means the earnings/contributions to the account from the date of marriage to the date of separation = community property, of which you are entitled to half.

You only get 1/2 of the pension which he earned during your marriage. So, if you stay married a total of 10 years and he worked for 30 years to get the pension, I'm using that because it makes the numbers easy, you would be entitled to half of 1/3rd of his pension benefits, about 1/6th of the benefits. You are not entitled to any benefits for the time he was earning benefits, but not married to you.

You are entitled to one-half of the community interest in the retirement. Determining what that is can be difficult when the parties have a period of separation.