QUESTION
If I have been married for 6 years and 9 months and I file for divorce now, will my husband be entitled to any of my pension?
Asked on Jan 09th, 2014 on Divorce - Utah
11 ANSWERS
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. This means that he would be entitled to one half of whatever pension benefits, or other retirement accounts, such as 410(K), accrued during your marriage. You can agree on offsets, for example, him keeping an asset of equal value to his portion of the pension. You should consult with an experienced family law attorney in your area to discuss the ramifications.
Answered on Jan 14th, 2014 at 4:32 PM
It may depend upon whether your pension is vested or not. You should consult a family law attorney to review the provisions of your plan and advise you.
Answered on Jan 13th, 2014 at 5:25 PM
Civil Litigation Attorney serving Dallas, TX
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Ginsberg & Associates
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Yes your husband is entitled to a community portion of your pension for the time you are married. There are complex formulas to determine the amount.
Answered on Jan 10th, 2014 at 8:00 PM
He may be entitled to 1/2 of the part of your pension that was earned during the marriage. Have you considered Mediation. Mediation is fast, effective and affordable. Check it out.
Answered on Jan 10th, 2014 at 8:00 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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Depending on what other assets you have to divide, he would be entitled to one-half of the amount of the pension acquired during the 6 years and 9 months not before and not after.
Answered on Jan 10th, 2014 at 7:59 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If you are in Florida, your Husband would be entitled to one half of any pension monies accrued during the marriage. Anything that was accrued prior would be considered a non-marital asset to which he would have no right. If you are facing divorce, you should consult with and retain an attorney to assist you in protecting and knowing your rights and options.
Answered on Jan 10th, 2014 at 7:58 PM
The part of your pension which accrued during your marriage is marital property subject to being divided by the court. If you worked for 10 years and were married for 6 of those ten years, then 60% of your pension would be deemed marital property.
Answered on Jan 10th, 2014 at 7:58 PM
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There are many factors that would go into whether your Husband could claim a portion of your pension. What other assets and debts of the marriage need to be divided, your respective financial situations before and during the marriage, etc. You need to speak with an attorney under confidentiality to get a sense of how the Courts will view your specific situation.
Answered on Jan 10th, 2014 at 7:57 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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The contributions and income accumulated during the marriage are community property. I suggest you hire a lawyer.
Answered on Jan 10th, 2014 at 7:56 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, for one-half of the pension over the time it accrued until the date of the divorce. If you accrued the pension for 10 years, then he will get one-half of seven-tenths of the pension. Likewise, you will get one-half of his or his 401k or IRA computed the same way.
Answered on Jan 10th, 2014 at 7:55 PM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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In Utah, almost certainly yes. There is a presumption that he is entitled to half of what has accrued in your pension during the marriage, which (unless you work for an incredibly profitable company growing like a cancer) means it likely won't be much.
Answered on Jan 10th, 2014 at 7:51 PM