QUESTION
Is there entitlement to ex spouse's pension and 401K after a divorce of a 15 years marriage?
Asked on Nov 05th, 2013 on Divorce - Michigan
More details to this question:
Is there entitlement to ex spouse's pension and 401K after a divorce of a 15 years marriage? How are calculations, percentage done?
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. What this essentially means is that each of you are entitled to one half of the assets accrued during the marriage (with some exceptions). You should consult with an experienced family law attorney in your area to review your specific facts. Generally speaking the calculation would be the number of years married, divided by the number of years the the pension and 401(K) accrued, divided by 2.
Answered on Nov 11th, 2013 at 9:07 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, depending on the jurisdiction. Generally the divorcing spouses will share equally in the contributions and growth in the value of a pension or 401K accrued during the marriage.
Answered on Nov 11th, 2013 at 9:06 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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If you are already divorced that should have been addressed in the final judgment, talk to your attorney if not. If you are pending divorce you do have an entitlement, exact percentage is up to the judge.
Answered on Nov 11th, 2013 at 9:06 AM
Administrative Law Attorney serving Edmond, OK
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Jencks Law Firm P.L.L.C.
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In Oklahoma assets accrued during the marriage are considered marital property. Retirements, pensions, 401k's are divided usually 50/50 between the parties based upon the time the parties were married and the pension accrued. If you were married during the entire time the retirements were being accrued then you are entitled to 50% of the money in the account for the number of years you were married. If you are already divorced and the pensions were not divided at that time it is too late to get them now as property division is not modifiable after the final divorce is granted. If you are not divorced yet you need to make sure that all the retirements, savings, etc., are accounted for in the final decree.
Answered on Nov 11th, 2013 at 9:05 AM
Divorce Attorney serving Bingham Farms, MI
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Gottlieb & Goren, P.C.
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50/50 unless there are extenuating circumstances.
Answered on Nov 11th, 2013 at 9:04 AM
Yes you have a community property interest in both. You need an attorney to make sure this is divided properly.
Answered on Nov 11th, 2013 at 9:03 AM
Bruce Provda
Yes, that would be a possibility for a 15 year marriage. You should consult a divorce attorney to figure out the actual amount.
Answered on Nov 11th, 2013 at 9:02 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, if you make it part of the divorce decree and a get a Qualified Domestic Relations Order (QDRO). You are entitled to of the value accrued during the marriage. So if you got married and the 401k started at the same time or later, you would be entitled to. If the 401k started 5 years earlier, you would be entitled to (15/20)*value of 401k. Of course if you have a 401k, your spouse is likewise entitled to half.
Answered on Nov 11th, 2013 at 8:55 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Yes. Calculations are complex but they have to be divided in the divorce and if they aren't it is unlikely that you can go back and do so. A starting point is the accumulation during the marriage.
Answered on Nov 11th, 2013 at 8:54 AM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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The general rule in Michigan is that you are entitled to 50% of your spouse's retirement benefits that accrued during the course of the marriage.
Answered on Nov 11th, 2013 at 8:52 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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To my knowledge there are no hard and fast calculations its all equity and equitably divided.
Answered on Nov 11th, 2013 at 8:46 AM