QUESTION

Married for 9.5 yrs, together for 14 yrs. Would I be entitled to 1/2 of His retirement?

Asked on Aug 08th, 2012 on Divorce - Oklahoma
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1 ANSWER

Matrimonial and Family Law Attorney serving Erie, PA
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First, Oklahoma is an "equitable distribution" state not a "community property" state.  This means the court is required to make a fair division of property, not an equal division of property.  Having said that, 50-50 is generally considered to be fair unless specific facts show otherwise in a particular case. Second, the division only applies to property acquired during the marriage before permanent separation or filing a divorce action.  If you were married to him the entire time he was working for the employer and earning the retirement, then all of it is subject to a fair division.  If he worked there before you were married, or after the separation, then only the part that accrued during the marriage before separation is "marital property" subject to division.  The 4.5 years you were "together" does not count unless you actually established a common law marriage during this time by intending to be married, living like you were married, and telling others that you were married.
Answered on Aug 16th, 2012 at 4:22 PM

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