Am I entitled to my husbands pension and retirement from his company if we divorce?

Yes. If you are looking for an attorney and are in my area, please contact me for a free consultation.

Hello, Yes, both of you are entitled to a share of each other's pensions, however, because you made less money than him, I must presume you have less income from your's than he has from his and therefor, there would be an averaging, so to speak so that both of you will get a percentage of each other's pensions or one will be set-off by the other's. However, since the marriage was only 16 years and pensions are usually given after a longer period, that aspect will also play into the situation. I suggest you consult with an experienced matrimonial attorney for greater details.

Each of you are entitled to one-half of each of your retirement accounts that were acquired during the marriage, meaning from the date of marriage through the date of separation.

The portion of pensions that are earned during the marriage a considered marital property to be equitably divided in a divorce case. Until you and your husband agree to terms for dividing marital property or until a judge does that division for you, you are only entitled to make a claim for a fair share of the total marital property. Both yours and your husband's pension plans are included in the total. Typically, future pension annuity payments are only paid in monthly increments so divorce courts normally divide those future payments by the deferred distribution method in which the non-employee spouse is awarded a specified percentage of the monthly payment. Usually, that percentage is one-half of the portion found to have been earned during the marriage. The portion earned during the marriage is determined by dividing the total time of employment during the marriage by the total time of employment used to determine the pension payment. This is what Colorado and many states call the Time Rule. This Rule only applies to what are known as defined benefit plans. Retirement plans that have a current cash value (such as IRA's, 401k's, etc.) are generally divided immediately based on whatever the court rules or the parties agree to.

You are entitled to 50% of his Pension and Retirement plan from the Date of Marriage to the Date of Separation.

You are each entitled to a fair and equitable division of all assets and debts. The court is to identify all property and whether it is separate or community. If a portion of the assets you mentioned were acquired prior to marriage, they may be separate property but this analysis can be complex and can be ignored by the court. Assuming the assets are community, yes, you both have an interest in the other's assets. Let's say his pension/retirement is worth 150,000 and your retirement 50,000 for a total of 200,000. Also assume a 50/50 split of all assets. One settlement would be for you to keep all of your retirement but get $50,000 of his. If his or your retirements are "defined benefit plans" you'll probably need/want to get this valued by an expert who uses an actuary table and other factors to determine the asset's present day value. Consider using the collaborative process to solve your problems. You'll probably save money and stress.

Yes you are both entitled to a portion of each others pension. However, how much or what percentage depends on certain factors. I encourage you to hire an attorney to protect your rights and your assets. We have years of experience in Divorce and will be happy to represent you if you ultimately decide to divorce.