QUESTION
Am I entitled to my husband's pension in another state?
Asked on Dec 06th, 2011 on Child Custody - Oregon
More details to this question:
My husband has a pension plan in another state where he lives. I filed divorce in another state. Will I be entitled to the pension? We were married for 14 years. He had two years prior to us getting married. So I know that portion I would not be entitled to.
9 ANSWERS
The more relevant question is whether he is subject to the jurisdiction of the court where you filed for divorce. If he is, then the court can order him to share the pension if the court finds the division of the pension is equitable.
Answered on Dec 07th, 2011 at 2:14 PM
Criminal Law Attorney serving Ellicott City, MD
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Law Office of William C. Wood, LLC
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That would depend on the marital property laws in the state where the divorce will be heard. You should pose the question to attorneys in that state.
Answered on Dec 07th, 2011 at 9:47 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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It is difficult to answer without knowing what "other state" you are talking about. But, generally, in every state the portion of a pension plan that is earned during the marriage will be considered divisible marital or community property. Specific details may vary from state to state and depending on the pension plan itself.
Answered on Dec 07th, 2011 at 9:43 AM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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If you were legally married to the husband when the pension was earned, they you are entitled to some portion of it. Based on the length of the marriage, probably fifty percent.
Answered on Dec 07th, 2011 at 9:33 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Yes, you are entitled to half of the community interest in the retirement, although you may trade that interest for other property as part of your divorce.
Answered on Dec 07th, 2011 at 9:26 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Any part of the pension that was accrued during the marriage is considered a marital asset subject to equitable distribution, at least under Florida law.
Answered on Dec 07th, 2011 at 9:26 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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If you filed in another state than Washington, you need to ask an attorney in that state.
Answered on Dec 07th, 2011 at 9:20 AM
1 Award
It will depend on the jurisdiction or state that does the asset division. If the California courts dictate, you are entitled to half of what was earned during the marriage.
Answered on Dec 07th, 2011 at 9:08 AM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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You are entitled to 50% of the pension earned during the marriage, even if earned in a different state.
Answered on Dec 07th, 2011 at 9:07 AM