QUESTION
Am I entitled to half of my husband's pension if we divorce after 9 years of marriage?
Asked on Mar 04th, 2014 on Divorce - Nebraska
More details to this question:
My husband and I are divorcing. His attorney says that I am not entitled to half of his pension, because we where only married for one year when he retired. However we have been married for nine years. Please explain.
6 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You clearly need an attorney to review all of the facts and advise you. Generally, in such a situation you would be entitled to a portion of the pension which accrued during the course of the marriage, in this case one year out of his career but there is no real ability to give you a firm answer without knowing all of the facts.
Answered on Mar 05th, 2014 at 10:52 PM
You are entitled to one half of what was acquired in that pension during those months.
Answered on Mar 05th, 2014 at 10:52 PM
Bruce Provda
Generally you need to be married for several while the pension or retirement is growing as it is deemed that joint marital funds are funding it. If he is already retired then this is not the case and usually the split is not granted.
Answered on Mar 05th, 2014 at 10:51 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You are entitled to a portion (not necessarily half) of the pension earned during the marriage. So if the pension was earned over 30 years, you're only entitled to a portion of what was earned during the 9 years of the marriage. The rest is his separate property.
Answered on Mar 05th, 2014 at 10:51 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You are entitled to only that portion of a retirement account which was obtained during the marriage. You might, however, be entitled to spousal support which would be computed utilizing the retirement income he has.
Answered on Mar 05th, 2014 at 10:50 PM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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You may get one half of the amount earned during the marriage. It sounds like you are entitled to one half of one year.
Answered on Mar 05th, 2014 at 10:50 PM