Does the ex wife get half my retirement for four years of marriage?

Question

I have been married three years but have been together 9. Does my soon to be ex wife get half my retirement?

Roianne Houlton Conner · Answer

No, you must be married for ten years in order to get any portion of a retirement.

Tina Fox · Answer

If you have been on your job for more than four years then no she is not entitled to half of your retirement. You need to hire an attorney to protect your rights and your retirement.

Patricia C. Van Haren · Answer

She would be entitled to 1/2 of the community share of your retirement. What that means is that she will receive 1/2 of the retirement which was accumulated during the time that you were married.

Steven Burkhalter · Answer

The court will divide assets and debts fairly and equitably.

Steven D. Dunnings · Answer

The worst that can happen is that your wife would get 50% of that portion of your pension that was acquired during the marriage. The best that can happen is that your wife would receive nothing since your marriage was so short. Michigan is not like California and does not recognize "Palimony".

Michael D. Fluke · Answer

Half of the marital portion.  I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options.  Good luck.

Patrick "Leh" Meriwether · Answer

As general rule in Georgia, any asset accumulated during the course of the marriage as a result of marital efforts is subject to equitable distribution, regardless of whose name the asset is listed.  This includes real estate, retirement accounts, bank accounts, investment accounts, automobiles, etc.  If a substantial portion of your retirement account was earned before you were married, however, that would be considered your separate property, not subject to division.

Elizabeth Jones · Answer

The time rule of marriage of Brown says that she in entitled to one half of the retirement amassed from the date of marriage to the the date of separation including the growth or diminution thereon .

Paul Eads · Answer

Ca follows a time rule and divides the account based on the contributions made during the marriage only.

Glen Edward Ashman · Answer

In Georgia, she could get anywhere from 0% to 100% depending on how the court rules.

James Lentz · Answer

"Soon to be ex" means (I hope) that you have an attorney.  Assuming you have worked at your company for longer than the three years you have been married, it is unlikely she will get half.  But discuss this with your attorney.  If you are trying to save money by not talking to to your lawyer you are truly being penny wise and pound foolish.

Charles Shaw · Answer

No, she is entitled to that portion accrued during the marriage; 50 percent of 4 years accruals.

Jeffrey Wittenbrink · Answer

Your wife will get a percentage of your retirement based upon a formula which is times the number of months or years married divided by the total number of months or years you worked for that employer if your employer has a "defined benefit" plan.  The time you were not married does not count toward her credit.

Marshal Willick · Answer

The general rule is that half the retirement accrued during the marriage belongs to each party.  There could be ramifications from the premarital cohabitation as well.  A full consultation with qualified family law counsel is a good idea.

Vincent Bernabei · Answer

She is presumed to be entitled to 50% of what you earned during the marriage only.

Monica H. Donaldson Stewart · Answer

Generally speaking, each party is entitled to half of any retirement assets that accumulate from the date of marriage to the date divorce documents are served. Retirement that accumulates prior to marriage or after service is not subject to this division.

Rhonda Ellifritz · Answer

She may be entitled to half of what was earned only while you were legally married.

John Kirchner · Answer

If your divorce takes place in Colorado she will have a legitimate claim to one half of the retirement that was earned during the years of marriage - not the full retirement.  Without more information about what "retirement" means in your case, it isn't possible to be more specific.  Your "retirement" is just one part of the total marital property. All of the marital property will be divided fairly and there are no simple fixed rules for deciding what is "fair".

Glenn Tanner · Answer

In Washington, your wife is entitled to a fair and equitable division of all your assets and debts. The court will divide everything but only after considering many factors. You might get all of your retirement and give her more of something else to balance out the retirement. It is not necessary that everything be divided or that the overall division result in an overall 50/50 split but that is often a starting point.

Erin Farley · Answer

Community property is property acquired during the marriage and prior to separation. In general, your wife would be entitled to 1/2 the retirement earned during the time you were married (i.e. 2 years).

Loren Zahn · Answer

She is entitled to one-half of the community interest, which is the amount which accrued during the marriage (the three year portion only).

Gary Moore · Answer

She gets a portion of the pension benefit earned between the wedding ceremony and the filing of the divorce complaint, but not necessarily half. If she has a pension you have a similar entitlement which could act as an offset. If there are other assets you may be able to trade an asset for her share of your pension benefit.

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Does the ex wife get half my retirement for four years of marriage?

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