Am I entitled to my husband's pension in another state? 18 Answers as of December 07, 2011

You have to ask a lawyer in the state where you filed. Since the divorce is pending in another state, that state's property division laws apply. Texas is community property, so if you had filed here, community property would apply but since you filed elsewhere, you are subject to that state's laws. Community property may not be an option and in fact, only 8 states follow community property rules. The fact you live in one is irrelevant, it is the law of the state where the divorce takes place that counts.

The more relevant question is whether he is subject to the jurisdiction of the court where you filed for divorce. If he is, then the court can order him to share the pension if the court finds the division of the pension is equitable.

It depends on whether the court you filed the divorce in had proper jurisdiction or not. Federal law is also involved here, as what are called Qualified Domestic Relations Orders (or QDROs) can attach to federally defined or regulated benefits such as pensions. You don't say whether your divorce is pending or final. If it is final, the court papers should indicate whether you are entitled to any of his pension funds.

That would depend on the marital property laws in the state where the divorce will be heard. You should pose the question to attorneys in that state.

It is difficult to answer without knowing what "other state" you are talking about. But, generally, in every state the portion of a pension plan that is earned during the marriage will be considered divisible marital or community property. Specific details may vary from state to state and depending on the pension plan itself.

If you were legally married to the husband when the pension was earned, they you are entitled to some portion of it. Based on the length of the marriage, probably fifty percent.

Any part of the pension that was accrued during the marriage is considered a marital asset subject to equitable distribution, at least under Florida law.

Yes, you are entitled to half of the community interest in the retirement, although you may trade that interest for other property as part of your divorce.

Yes. It doesn't matter where the pension is.

Whether you are entitled to the pension is governed by your state's statute pertaining to division of assets. The state that the pension is located in is irrelevant.