My brother and his wife have been married for 10 yrs. They both work for the NJ Post Office. Will his wife be entitled to 1/2 of his pension?

I have seen your question. My name is David Salvaggio.  I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.  The answer to your question is: If your brother divorce in NJ, your brother's wife is entitled to "equitable distribution" of the MARITAL PORTION  of your brother's pension--and vice versa.  The "marital portion" is the part of the pension that has been earned from the date of the marriage up to the filing date of the Divorce Complaint or such other "end date" to which they agree.  "Equitable distribution" does not automatically mean half.  If both your brother and his wife have been working for the post office the entire marriage, it is very possible that the marital portion of each pension would be valued, and if one value is higher than the other, there will probably be some sort of offset against another asset.  I believe that your brother should meet as soon as possible with a very experienced lawyer who devotes his/her entire practice to New Jersey Divorce and Family Law matters.     He should go over his situation in detail with the attorney, get educated answers to his questions, and obtain expert guidance as to the best course of action. I do not believe that he should necessarily choose a lawyer, just because he or she offers a "free consultation" in his or her office.  He should go to the best lawyer that he can--hopefully one that will take the time to talk to him personally on the phone before coming into the office, so that he can be sure that he ise completely comfortable with that lawyer before he meets in person. Your question does not specify the town in which your brother lives.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties. If he lives in one of those counties and wishes to schedule a brief, confidential telephone call with me, he should call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  She will be able to arrange a mutually convenient date and time for the call. What he tells me remains confidential and there is no charge for the call.