QUESTION
Will I be entitled to half of my husband’s monthly pension after 10 years of marriage?
Asked on Jun 26th, 2014 on Divorce - Florida
More details to this question:
I will be married for 10 years very soon. My husband receives a pension and has a savings or deferred compensation account from his career. Since we married, I have taken care of his now adult daughter (4 years), but in the process I lost my business and had to short sell my home. We now own a business together which he has full control of and can close at any time. What are my rights after 10 years of marriage? Am I entitled to half his monthly pension? Does he have to do anything to help me along? He worked three years into our 10 year marriage to earn more into his pension, etc. but I do not know how I can avoid ending the marriage with nothing. He believes I have no rights and it is all up to him what he would "give" me. Also, our business is in a very rural part of Florida and there is literally nowhere to work. I am at a loss for a good solid plan that would not put me out in the street with nothing.
3 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You are seeking a divorce? That portion of the pension which was acquired during the marriage could be half yours, but what he acquired before the marriage is not. For just a 10 year marriage you probably should not seek permanent periodic alimony. What you need to do is actually go see an attorney for advice.
Answered on Jun 30th, 2014 at 8:18 PM
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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Your situation is somewhat complex, but not complicated. You should get input from a family law attorney in your area to make a plan and execute it. Generally, you are only entitled to half of the marital assets, which means those assets that came into the marriage after the date of marriage to the date someone files for divorce.
Answered on Jun 30th, 2014 at 8:18 PM
John Arthur Smitten
Yes, you get half of the marital portion of the pension. You should retain a lawyer to help you.
Answered on Jun 30th, 2014 at 8:18 PM