QUESTION

Am I entitled to half of my ex-husband's retirement up through the divorce or does it continue after as well?

Asked on Jan 03rd, 2014 on Divorce - Rhode Island
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6 ANSWERS

In Arizona you would receive one half of the community interest in the retirement account at the time the dissolution decree is entered. The community interest would be the portion of the retirement that was earned from the time you were married until the petition for dissolution was served or an acceptance of service was signed. You should consult with an experienced family law attorney to discuss these issues.
Answered on Jan 07th, 2014 at 7:51 PM

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Alternative Dispute Resolution Attorney serving Chandler, AZ at Cox Sandoval Law, PLLC
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Community property is accrued during the marriage, so from the date of marriage to the date of service of the petition for dissolution. I would suggest consulting an attorney if you have more questions about your interest in community property.
Answered on Jan 07th, 2014 at 7:50 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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It is calculated as of the date of divorce. Any accrual after that is his alone.
Answered on Jan 07th, 2014 at 2:10 PM

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Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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The court can do a number of things when it comes to awarding rights in the other spouses retirement and pension benefits, so I cannot give you a simple or exhaustive list of what your rights are because the judge has many options to choose from in making these kinds of awards. Generally, however, you can expect to be awarded half of the pension and other kinds of retirement benefits that were acquired and/or accrued by your spouse during the marriage. Usually, courts in Utah will not award you a continuing interest in or portion of your ex-spouse's pension or retirement benefits that accrue after the marriage is dissolved.
Answered on Jan 07th, 2014 at 1:57 PM

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My understanding is that you might be entitled of half of the deposits into his retirement account during the marriage.
Answered on Jan 07th, 2014 at 1:52 PM

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Benefits accrued after the divorce are separate property and cannot be divided by the court; however, the parties can agree to do so. I suggest you hire a lawyer.
Answered on Jan 07th, 2014 at 1:50 PM

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