QUESTION
Can my husband keep me from receiving any parts of his pension in the divorce?
Asked on Jan 15th, 2013 on Divorce - California
More details to this question:
Husband worked for the union coalmines in 1984. We got married in 1988 and has me listed as his spouse on his pension plan. Husband is saying I don't deserve part of his pension because we married after he had worked for the union in the coal mines. Married for 24 yrs and he has me listed on his pension plan as his spouse.
7 ANSWERS
You are entitled to one-half of what ever he earned while he was married to you. If he earned it before the marriage, you are not so entitled. Sorry. I strongly suggest you see a family law attorney in your county for some help.
Answered on Jan 20th, 2013 at 12:34 AM
If any of the pension was earned during the marriage then it has a community interest to be divided. You should consult a family law attorney to review all of the facts and advise you.
Answered on Jan 20th, 2013 at 12:23 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You need to consult with an attorney. In Florida, any marital asset acquired during the marriage is subject to division between the parties in the event of divorce. That would include the portion of the pension earned during the marriage.
Answered on Jan 20th, 2013 at 12:08 AM
Generally speaking, each party is entitled to an equitable share of any assets that were accumulated during the marriage. If he only worked for the union prior to your marriage, then you would not be entitled to any part of the pension. If he worked for the union during the marriage, then you are entitled to some share of the pension. I recommend you consult with an attorney to discuss this matter in greater detail.
Answered on Jan 17th, 2013 at 8:07 PM
Agriculture Attorney serving Fresno, CA
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The Law Offices of Tres A. Porter
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In California, the pension would be divided depending on how long a period of time the two of you were married versus how long he was earning the pension. ex. 4 years without being married, 24 yrs married while earning the pension for a total time of 28 years. 4 of 28 is 1/7th so the pension would be 1/7th all his and the other 6/7 would be divided evenly (assuming everything else was equal). You should definitely consult with a family law attorney such as myself in your area.
Answered on Jan 17th, 2013 at 7:50 PM
Estate Planning Attorney serving Las Vegas, NV
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Law Offices of Pamela R. Lawson
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I am not surprised that your husband is saying you don't deserve any of his pension plan funds; most men "hate" giving any part of what they consider their retirement monies to a spouse. With that being said, you are entitled to one half of the funds accumulated/earned for the period of time you were married to him. If he, for example, working for 30 years in the coal mines, you would be entitled to one half of the amount put into the pension plan either by him or his employer during the 24 years you were married to him. You do not say how long he worked for the union coalmines, if he did not work there at all after you were married, then you would not be entitled to any part of the pension monies he had before marriage.
Answered on Jan 17th, 2013 at 7:49 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If you are in California, you should receive 1/2 of the pension based on the time you were married. Do not agree to anything less. If he won't agree, hire an attorney.
Answered on Jan 17th, 2013 at 7:48 PM