we were married on 10/15/05. My pension was frozen on 6/30/09. My position is that she is entitled to half of the pension gained during that 4 year period, but not before. I was working from 1971- present time.
You can only be divorced at the time of the pre-trial if you have everything agreed upon in writing. If your pre-marital contributions to your pension is contested, the matter will be set for trial. Certainly on a shorter marriage, the court has authority under the law to do a coverture fraction formula or some other type of pre-marital credit to your pension, and only divide up that portion of the pension accrued while married.
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