Will I be entitled to some of my husband's retirement if we have been married for 39 years?

Question

Both my husband and I work for the federal government. We have been separated for the last two years and living together as husband and wife for 39 years.  We are talking divorce. I was told that based on the Brown's formula that I may be entitled to some of his retirement. He left the marriage. Is that true?

Jessica Cotter · Answer

Arizona is a community property state, What that means is that you are each entitled to one half of the community assets acquired during the marriage. There are various ways to do this, through offsets and other orders. You should consult with an experienced family law attorney in your area to be properly advised on the procedures and the law for your particular area.

Robert McCall · Answer

You are entitled to a portion of his, he is entitled to a portion of yours.

Joanna Mitchell · Answer

I am not sure what you are referring to when you mention the "Brown's formula", unless you reside in a State other than Florida. In Florida, you would be entitled to half of any retirement monies that were accrued during the marriage (and he would be entitled to half of any of yours as well). You should consult with an attorney who practices in your area before making any decisions or agreeing to any division of assets.

Willie Stephen Graves · Answer

In Texas you'd be presumptively entitled to half of any retirement rights he accumulated during the marriage, and he'd be presumptively entitled to half of any retirement rights you accumulated during the marriage.   Good luck.

Dennis Leffert · Answer

You may be entitled to 1/2 of his retirement earned during the 39 years of your marriage.  Have you considered Mediation?  Mediation is Fast, Effective and Affordable.  Both you and he will have to agree to mediation, however, it may be worth it.

James Peterson · Answer

Upon divorce the court will divide all the property and debts in a just and fair manner. Usually his retirement and your retirement will be divided equally.

Mandy McKellar · Answer

Yes. In Nevada we don't have something called the Brown formula. But typically in any community property state he would be entitled to yours and you would he entitled to his.

Diane Berger · Answer

The fact that he left the marriage would have nothing to do with it.  You would be entitled, in general terms, to 1/2 of the property acquired during the marriage, which would include his pension.  He, on the other hand, might be entitled to a portion of your pension.

John Brennan · Answer

You retirement and pensions will be seen as the marital savings, and there in "normal" circumstances would be added together, and split between the two of you.

Mark T. Peters · Answer

In Idaho, presuming that the pension started after you got married, you will be entitled to one-half of his pension until the date of divorce.  Likewise, he will be entitled to one-half of yours.  This also includes the Federal savings plan.

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Will I be entitled to some of my husband's retirement if we have been married for 39 years?

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