QUESTION

My wife and I were married for 8 years. Residing in the State of New Jersey, is she entitled to half of my government pension upon our divorce?

Asked on Feb 09th, 2015 on Divorce - New Jersey
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1 ANSWER

Alimony, including Establishment, Modification, Termination, and Enforcement Attorney serving Parsippany, NJ
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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: The "marital" portion of your pension is an asset which is subject to equitable distribution.  For example, if someone began accruing pension benefits in 2000, he was married in 2004 and a Divorce Complaint was filed in 2012, the portion of the pension benefits that accrued between 2004 and 2012 would be subject to equitable distribution.   The percentage which the other spouse gets is NOT automatically 50% of the marital share.  However, more often than not, that is the case.  Every matter is judged on its own individual facts.  Equitable distribution of retirement assets can be complicated.  I would be happy to have a very brief telephone call with you, to get a few more facts. What you tell me remains confidential and there is no charge for the call. Your question does not specify the town in which you live.  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 you live in one of those counties and wish to schedule a brief, confidential telephone call with me, please 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. 
Answered on Feb 09th, 2015 at 2:57 PM

SALVAGGIO LAW GROUP LLC (877) 355-5281 www.salvaggiolaw.net This answer is not intended to be legal advice. Please consult an attorney.

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