QUESTION
How long does one have to be married if filing for divorce and seeking a share of the spouse's pension?
Asked on Feb 28th, 2014 on Divorce - Nebraska
More details to this question:
I've been married for 5 1/2 years and separated for 1 1/2 years. I'm looking to file for divorce. Am I entitled to a portion of her pension? She works in law enforcement.
10 ANSWERS
Any asset held during the marriage is a marital asset subject to equitable division upon divorce. However any portions of that pension asset that she had premaritally are not subject to division if she credibly demonstrate the value of that share of the pension at the time of the marriage. Further, because it is an equitable division and not strictly an equal division she could make a compelling argument to exclude value that accrued in the last 1.5 years of separation and thus just ask the court to divide the portion developed while married and together but note that this last possibility isn't certain at all.
Answered on Mar 10th, 2014 at 6:12 AM
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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Arizona is a community property state. What this means is that you are entitled to a one half share of assets obtained during the marriage. This would include the portion of the pension earned during the marriage. I advise you to consult with an experienced Arizona family law attorney to assist you in understanding your rights and obligations.
Answered on Mar 04th, 2014 at 4:23 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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A division of a retirement plan is not an entitlement but a discretionary act by the Judge.
Answered on Mar 04th, 2014 at 4:16 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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That depends partly on the pension and whether it is vested.
Answered on Mar 03rd, 2014 at 6:26 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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That under the Michigan law would be yes for benefits accrued during the period of the marriage.
Answered on Mar 03rd, 2014 at 6:26 PM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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You may get one half of all contributed or earned during the marriage.
Answered on Mar 03rd, 2014 at 6:26 PM
You would be entitled to a portion of her retirement.
Answered on Mar 03rd, 2014 at 6:25 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If she was working for 10 years and you have been married for 5.5, you are entitled to of 5.5/10 times the amount in the 401k. You need a QDRO to get your share.
Answered on Mar 03rd, 2014 at 6:24 PM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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You are entitled to a coverture share of her pension, i.e., the amount put away during the marriage.
Answered on Mar 03rd, 2014 at 6:24 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You might well be entitled to a portion of the pension acquired during your marriage. Whether or not you would be entitled would depend on what other assets you had to divide.
Answered on Mar 03rd, 2014 at 5:56 PM