Generally, if your pension is already in pay status on the date of marriage, she would not be entitled to a portion of it in equitable distribution of marital assets, because it is pre-marital/non-marital. However, there are occasionally things that people do to a non-marital or pre-marital asset that can cause that asset to take on a marital or quasi-marital characteristic that may cause all or some portion of it to be subject to equitable distribution in the event of a divorce. This also does not take into account the income from pension payments being included in your income for purposes of determining your ability to pay spousal support or alimony, or attorney's fees and costs. Consult with an attorney to discuss the specifics of your situation and your options.
Answered on Mar 01st, 2017 at 5:55 AM