Am I entitled to half of my ex-husband's retirement up through the divorce or does it continue after as well? 13 Answers as of January 07, 2014

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Law Offices of Lauren H. Kane | Lauren H. Kane
You are entitled to a portion of the retirement account that accrued during the marriage.
Answer Applies to: Pennsylvania
Replied: 1/7/2014
The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
In Arizona you would receive one half of the community interest in the retirement account at the time the dissolution decree is entered. The community interest would be the portion of the retirement that was earned from the time you were married until the petition for dissolution was served or an acceptance of service was signed. You should consult with an experienced family law attorney to discuss these issues.
Answer Applies to: Arizona
Replied: 1/7/2014
Coulter's Law
Coulter's Law | Coulter K. Richardson
Just up to the date of divorce. It depends on the type of retirement plan. If it is a 401k or an IRA, you get a lump sum distribution that you can place in your own IRA. If his pension is a classic pension in which your ex-husband is paid a certain amount every month, you will get paid that amount when the pension goes into pay status. Your share is capped on the date of divorce, but the payments will not begin until he retires and will continue as long as the plan provides.
Answer Applies to: New Jersey
Replied: 1/7/2014
Law Office of Annette M. Cox, PLLC
Law Office of Annette M. Cox, PLLC | Annette M. Cox
Community property is accrued during the marriage, so from the date of marriage to the date of service of the petition for dissolution. I would suggest consulting an attorney if you have more questions about your interest in community property.
Answer Applies to: Arizona
Replied: 1/7/2014
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
That depends on the law of your state. Before you do anything, please talk to a divorce attorney in your area. This is serious. These legal issues will affect you and your family for many years. You may cause great harm to yourself and your children, and may lose a lot of money, if you do the wrong thing.
Answer Applies to: New Jersey
Replied: 1/7/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    It is calculated as of the date of divorce. Any accrual after that is his alone.
    Answer Applies to: Idaho
    Replied: 1/7/2014
    Eric Johnson
    Eric Johnson | Eric Johnson
    The court can do a number of things when it comes to awarding rights in the other spouses retirement and pension benefits, so I cannot give you a simple or exhaustive list of what your rights are because the judge has many options to choose from in making these kinds of awards. Generally, however, you can expect to be awarded half of the pension and other kinds of retirement benefits that were acquired and/or accrued by your spouse during the marriage. Usually, courts in Utah will not award you a continuing interest in or portion of your ex-spouse's pension or retirement benefits that accrue after the marriage is dissolved.
    Answer Applies to: Utah
    Replied: 1/7/2014
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    My understanding is that you might be entitled of half of the deposits into his retirement account during the marriage.
    Answer Applies to: Florida
    Replied: 1/7/2014
    Woods, May & Matlock, PC
    Woods, May & Matlock, PC | Robert J. Matlock
    Benefits accrued after the divorce are separate property and cannot be divided by the court; however, the parties can agree to do so. I suggest you hire a lawyer.
    Answer Applies to: Texas
    Replied: 1/7/2014
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You are entitled to one half of the retirement earned between date of marriage and date of separation. Any additional retirement earned after date of separation is your husbands separate property. An actuary can assist in doing an appropriate calculation to figure out the community property interest. Please meet with an experienced family law attorney to explore your legal options.
    Answer Applies to: California
    Replied: 1/7/2014
    John Russo | John Russo
    Marital portion only. Also it just does not happen even if ordered by the court, you should research the legal issues here, as well as the fact that pensions are governed by federal law, not state. The state court can determine if the retirement plan is marital and what portion is marital, after that federal law takes over.
    Answer Applies to: Rhode Island
    Replied: 1/7/2014
    J. Barbour Rixey, P.C.
    J. Barbour Rixey, P.C. | J. Barbour Rixey
    In VA you may be entitled to a maximum of 50% of the marital share of his retirement which is that portion of his retirement earned during the marriage from the date of marriage to the date of separation.
    Answer Applies to: Virginia
    Replied: 1/7/2014
    Family Law & Mediation Services, LLC | Carol Jean Romine
    The Marital Estate "closes" on the day the divorce is initiated. In other words, the amount to be included will be the value of the retirement account as of the date of filing for divorce. Any contributions to the retirement account that were made after the day of filing will not be included for division. However, any gains or losses on the original funds will be included through the date of distribution just as if you had received your share of the account on the date of filing.
    Answer Applies to: Indiana
    Replied: 1/7/2014
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