QUESTION
Am I entitled to half of my husband's retirement he earned before we got married?
Asked on Nov 22nd, 2013 on Divorce - South Carolina
More details to this question:
We have been married over 10 years, and I'm wondering if my husband and I divorce, am I entitled to half of his Federal Express retirement fund he earned before we were married? It's a million dollar policy and I need to be sure.
13 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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In Arizona as a general rule you would not be entitled to the separate property of your husband, as he would not be entitled to your separate property. What this means is that you would not be entitled to any portion of his Federal Express retirement, if it was indeed entirely earned prior to your marriage. You should consult with an experienced family law attorney in your area to discuss this, and verify the dates of employment, etc.
Answered on Nov 26th, 2013 at 11:15 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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In Michigan, although there are exceptions, most probably not.
Answered on Nov 26th, 2013 at 8:55 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If you are in Florida, any portion of any retirement that was earned prior to the marriage is non-marital and you are not entitled to any portion of it. However, if some of it was earned during the marriage, then you are entitled to half of whatever portion was earned during the marriage. You should consult with an attorney in order to best determine your potential rights and options.
Answered on Nov 22nd, 2013 at 10:03 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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To be sure you need to retain an attorney and authorize discovery; you can receive the actual Plan documents from the Plan Administrator. Otherwise, there is no way to be "sure".
Answered on Nov 22nd, 2013 at 9:43 PM
Bruce Provda
There is complex formula for the QDRO and it would not probably include time before marriage. Have your attorney explain this to you.
Answered on Nov 22nd, 2013 at 9:43 PM
Retirement earned prior to marriage belongs solely to the employee. Only the portion earned during the marriage is divisible upon dissolution.
Answered on Nov 22nd, 2013 at 9:41 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You are entitled to one-half of the retirement earned during the marriage, not before.
Answered on Nov 22nd, 2013 at 9:40 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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In Nebraska you would only be entitled to a portion of the retirement that was earned while you were married. What he had earned prior to the marriage would be his pre-marital property and you would not be entitled to a portion of that.
Answered on Nov 22nd, 2013 at 9:39 PM
No. You are only entitled to one-half of what he earned during your marriage.
Answered on Nov 22nd, 2013 at 9:38 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Anything earned before marriage is separate property. What you didn't mention was whether it was earned exclusively before marriage, or if he worked there after marriage also, continuing to earn retirement credits. If so, then it is a mix of separate and community property. The best advise I can give, if you are considering a divorce, is to talk to a divorce attorney. If you are in my area, please contact me for a free consultation.
Answered on Nov 22nd, 2013 at 9:38 PM
4 Awards
The portion earned before marriage is not marital an is his separately. You are entitled to half of what has been earned during the marriage only.
Answered on Nov 22nd, 2013 at 9:37 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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The law indicates that all property is considered marital but something that was earned entirely before marriage would be very easy for the court to exclude.
Answered on Nov 22nd, 2013 at 9:36 PM
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If he had it before marriage it is premarital property as long as he has not contributed to it during the marriage. If he has contributed to it during the marriage or if since the marriage it has appreciated then you are entitled to that portion. For example if it was worth 20,000 before marriage and after the date of marriage until date of separation it is worth 50,000 then 30,000 would be subject to equitable division.
Answered on Nov 22nd, 2013 at 9:20 PM
This response is general in nature and should not be considered legal advice.