Am I entitled to 50% of my husband’s retirement incurred during the marriage? 12 Answers as of December 19, 2013

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The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
Arizona is a community property state. As such any retirement benefits that he earned during the marriage are community property, subject to an equitable division by the family law court. You should consult with an experienced family law attorney in your area to be certain that your rights are protected.
Answer Applies to: Arizona
Replied: 12/18/2013
J. Barbour Rixey, P.C.
J. Barbour Rixey, P.C. | J. Barbour Rixey
The maximum you might be entitled to is 50% if the marital share which is that portion of his retirement earned during the marriage. It is not automatic. It depends on a number of statutory factors considered by the Court.
Answer Applies to: Virginia
Replied: 12/18/2013
Law Offices of Lauren H. Kane | Lauren H. Kane
There are a number of factors used to decide to what you are entitled.
Answer Applies to: Pennsylvania
Replied: 12/18/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Commonly yes, under normal circumstances.
Answer Applies to: Michigan
Replied: 12/19/2013
Provda Law Firm
Provda Law Firm | Bruce Provda
You may well be entitled to this depending on the length of the marriage. Discuss it with your attorney.
Answer Applies to: New York
Replied: 12/18/2013
    Peyton and Associates | Barbara Peyton
    Yes. Get a good family law attorney in your community to help make sure your rights are protected.
    Answer Applies to: California
    Replied: 12/19/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    If you live in Idaho, yes.
    Answer Applies to: Idaho
    Replied: 12/19/2013
    ROSENAK LAW FIRM, LLC | Alan W. Rosenak
    Generally yes. In Kansas all property accumulated during the marriage is potentially divisible. What we look at is all property and debt that has been accumulated during a marriage and divide it up fairly and consistent with the needs of the parties, if possible.
    Answer Applies to: Kansas
    Replied: 12/16/2013
    The Law Offices of Tres A. Porter | Tres A. Porter
    Generally speaking, yes. But it depends on what type of retirement it was, how long you were married, etc. As an example, military retirement has a requirement that you had to have been married for at least 10 years of the time in which the retirement was being earned. Some other government type jobs/pensions have certain requirements. You should consult with an experienced family law attorney in your area as soon as possible.
    Answer Applies to: California
    Replied: 12/16/2013
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    Interesting question. The length of marriage must be considered along with other factors. If he was employed prior to the marriage, the portion of his retirement earned prior to the marriage may NOT be considered apart of the marriage. The portion earned subsequent to separation and/or divorce may also not be considered apart of the marriage. Have you considered Mediation? Mediation is Fast, Effective and Affordable and resolve this and other issues quickly to the satisfaction of both of you.
    Answer Applies to: Florida
    Replied: 12/16/2013
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Under many circumstances, yes.
    Answer Applies to: New York
    Replied: 12/16/2013
    John Russo | John Russo
    Your question is unclear, was he retired already during this period, or was he still working and paying into his retirement?
    Answer Applies to: Rhode Island
    Replied: 12/16/2013
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