QUESTION

WILL I BE ENTITLED TO A PORTION OF MY HUSBANDS PENSION BENEFITS WHEN WE DIVORCE? WE HAVE ONLY BEEN MARRIED 81/2 YEARS. WILL IT EFFECT HIS PENSION PMNT

Asked on Aug 22nd, 2012 on Divorce - New Jersey
More details to this question:
DO I HAVE TO WAIT UNTIL HE RETIRES FOR ME TO COLLECT SINCE I AM 10 YEARS OLDER AND DISABLED.WILL HE HAVE TO KEEP ME MEDICALLY COVERED?
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2 ANSWERS

Adoption Attorney serving Englewood, NJ at Herbert & Weiss Attorneys at Law
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You will be entitled to a portion of his pension.  For a marriage of 8 1/2 years you will receive 50% of the pension deposits and growth from the date of marriage until the filing date of the divorce case.  There are two types of pensions: defined benefit and defined contribution.  If he has a defined benefit pension that means he will receive monthly pension checks.  You will receive one half of his monthly payment adjusting for any pension contributions he made before you married. You will receive your one half when he starts to receive his pension benefits.  That means when he retires.  If it is a defined contribution plan it is a retirement fund that he pays into like a 401K and it is like a savings account.  You will receive one half of the value of the account after deducting the total money he deposited before you married.  You would receive this money at or near the time of divorce and you transfer it into a retirement account.  If you deposit it into a non-retirement account then you will have to pay taxes and penalties on the money.  Once the money is in your account you can do what you like with it. As for medical insurance, it is not definite that he will have to continue to provide medical insurance for you.  The fact that you are disabled may change the situation but it depends on the nature of the disability, his earnings, what other assets and debts you and he have.  There is no definite answer to this question.  Because of the duration of the marriage you may be entitled to alimony depending on how much he earns and your earning ability.  If you are eligible for alimony you may be able to afford your own insurance or possibly have the insurance be part of the alimony package.   
Answered on Aug 23rd, 2012 at 2:41 PM

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Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
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All of these questions are matters for negotiation if there is any possibility of settlement.  Because of the length of marriage, you may not be entitled to a portion of the pension, but your current disability may affect that.  You will be entitled to alimony.  In the interim, you should be applying for Social Security Disability, possibly based off of his work history, and get that in place if possible before the divorce. 
Answered on Aug 22nd, 2012 at 8:43 AM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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