QUESTION
Is there a law in a state for pension in a divorce?
Asked on Apr 22nd, 2014 on Litigation - Florida
More details to this question:
My husband said he became a Florida resident because I cannot touch his pension in a divorce. He said why do you think O.J. became a Florida resident. We have been married 44 years.
6 ANSWERS
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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If you get divorced in Florida, then under FL law any portion of the pension that was earned during the marriage is a marital asset subject to equitable distribution. You didn't indicate what state you are a resident of, in what state you last lived together as husband and wife, and how long your husband has been a resident of FL, all of which may impact your case. You should consult with a family law attorney in your state to learn about your rights there, and to help determine in what state you can file for divorce, and in which state it would be to your advantage to file for divorce.
Answered on Apr 28th, 2014 at 3:54 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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In a Florida divorce a pension is subject to equitable distribution or may be a source of alimony. Not both.
Answered on Apr 23rd, 2014 at 8:25 AM
John Arthur Smitten
Your husband is wrong. If he worked while married to you then you get your marital portion of the pension.
Answered on Apr 23rd, 2014 at 6:30 AM
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Generally, in a Florida divorce proceeding, pensions are subject to the equitable distribution scheme just like any other marital property. Also, pensions are generally divided through a Qualified Domestic Relations Order (QDRO). Additionally, you have a long term marriage which also makes you eligible for permanent spousal support on top of the equitable distribution if there is also a need for it and your husband has the ability to pay it, among other factors that are generally considered when spousal support/alimony is at issue. You really should consult with a divorce attorney in your area for further guidance.
Answered on Apr 23rd, 2014 at 6:20 AM
Alimony Attorney serving Key West, FL
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Sheri Smallwood Chartered
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Florida divides marital assets by equitable distribution. That portion of a pension which was earned through H's employment during the marriage is a marital asset and subject to equitable division.Even if he is not yet vested in the pension, it is still divisible. The starting point for division and distribution is 50/50. What your H has told you is incorrect. OJ did not become a Florida resident in order to protect his pension in a divorce. He was subject to a judgment in a civil case. It had nothing to do with any divorce. In fact, OJ was not married at the time.
Answered on Apr 23rd, 2014 at 5:40 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You most certainly can touch his pension, it is half yours in Florida. This is an equitable distribution state, and any assets acquired by the parties during the marriage, such as a pension, are marital assets.
Answered on Apr 22nd, 2014 at 8:00 PM