Am I entitled to my husband's pension? 13 Answers as of August 27, 2015

I am thinking about going through divorce with my husband of 22 years. I worked during our marriage, he made more money. He earned a pension throughout the entire marriage through his job. If we get a divorce am I entitled to his pension? I have heard mixed things.

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S. Joseph Schramm | Joseph Schramm
You would be entitled to make a claim in equitable distribution for part or all of it, but it would depend upon other factors such as how much, what types and the value of other property owned by the two of you to determine how much, if any, of his pension you might receive.
Answer Applies to: Pennsylvania
Replied: 6/3/2015
Law Offices of Lauren H. Kane | Lauren H. Kane
If he accrued his pension during your marriage you would probably be entitled to a portion of it. You need to consult counsel.
Answer Applies to: Pennsylvania
Replied: 6/3/2015
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
Yes it is considered marital property .
Answer Applies to: Georgia
Replied: 6/3/2015
Attorney at Law | Aimee C. Robbins
That would be a yes.
Answer Applies to: Maryland
Replied: 8/27/2015
Mediation Services of Southwest Florida
Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
After 22 years of marriage there is a lot of property to divide. Your husband's pension is one of those properties that will need to be divided along with your pension and other savings and assets. Good luck.
Answer Applies to: Florida
Replied: 6/2/2015
    Diane l. Berger | Diane L. Berger
    You should be entitled to a portion of the pension acquired during the marriage.
    Answer Applies to: Nebraska
    Replied: 6/1/2015
    Peyton and Associates | Barbara Peyton
    If the pension was acquired during your marriage you are entitled to dine of it.
    Answer Applies to: California
    Replied: 6/1/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    See an attorney, yes, your are entitled to 1/2 of the pension accrued during the marriage. Stop listening and counseling with amateurs.
    Answer Applies to: Michigan
    Replied: 6/1/2015
    Law Office of Martin A. Kahan | Martin A. Kahan
    If it is community property, yes. From the facts you have stated, you are entitled to your share.
    Answer Applies to: California
    Replied: 6/1/2015
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    If the pension was accrued during the marriage it is marital property and subject to equitable distribution. Period.
    Answer Applies to: New York
    Replied: 6/1/2015
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    After 22 years most of his assets and yours can be considered marital property to be split evenly So you can get 1/2 of this pension and he can get 1/2 of yours.
    Answer Applies to: Michigan
    Replied: 6/1/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Any earnings acquired during the marriage are community property. Earnings that went into retirement during the marriage are also community. Please meet with an experienced family law attorney to assess your options.
    Answer Applies to: California
    Replied: 6/1/2015
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    You are entitled to an equitable division of his pension. That means if you cannot agree on how to divide the pension, a judge will do so according to what they feel is fair and equitable and reasonable given the particular facts of your case.
    Answer Applies to: Georgia
    Replied: 6/1/2015
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