Am I entitled to some of my husband's retirement funds if we divorce? 33 Answers as of November 04, 2011

Being unfaithful while a grounds for divorce should have no baring on how property is divided in a divorce. Retirement accounts are considered marital assets and as such are subject to equitable distribution. You could ask for one-half or part of your husband's retirement as part of the settlement.

This is possible but discuss this with your lawyer.

Any assents acquired during the marriage, including retirement funds, may be divided in a divorce. Marital infidelity is irrelevant to the property division.

If the retirement funds were earned during the marriage, they are a marital asset subject to distribution in the event of a divorce, which typically means 50/50. Any portion that he accrued prior to the marriage would be non-marital.

Maybe. Whether someone is entitled to their spouse's retirement funds depends on a number of factors including, but not limited to, the length of the marriage, the parties' finances, the reason for the termination of the marriage, etc.

Retirement is part of the marital estate and is subject to equitable division.

In California all assets acquired during marriage are community property. Therefore, if the retirement benefits accrued during marriage then you would be entitled to half at dissolution.

That depends on what other debts and property the two of you have. The statute says that the court is to make a fair and equitable division of the debts and property without regard to marital misconduct. Therefore, his being unfaithful will not affect the property division. So, what the court is supposed to do is look at how to divide all of the debts and property in a fair way. As a practical matter, this could mean that you get some of the retirement. It could also mean that you don't get any of the retirement.

You are entitled to a fair share of the portion of the retirement funds that are considered marital property. Marital property generally means that the funds were accrued during the marriage. There are no simple rules defining what is "fair", but when the parties cannot agree, a judge will usually start with the idea of achieving a 50/50 split, or close to that. The "fairness" question relates to the overall financial settlement, not each item separately.

Your husband being unfaithful has nothing to do with the distribution of martial assets. Further, you are entitled to retirement funds that were accrued while you were married.

Nebraska is a no fault state, so the reason for the divorce does not matter to the court. You would be entitled to half of his retirement that was earned during the marriage.

You are entitled to of the community interest of the retirement funds. If the retirement funds were started during marriage then you can seek to be awarded one-half as the funds constitute community property. Arizona is a no fault state however so whether he was unfaithful or not has no bearing on property distribution.

Massachusetts is a no-fault state. Either party can get a divorce just for asking for one. Depending on how long you were married and the amount of your assets, you may be eligible for a portion of your husband's retirement fund. I recommend that you consult with an attorney at your earliest convenience.

You're entitled to your share of any community interest in your husband's retirement regardless of his fidelity. I.e., his faithfulness, or lack thereof, during the marriage is totally irrelevant to the division of any community property as part of a divorce. Best to call a local family law lawyer to learn your rights.

In Washington, being unfaithful is usually irrelevant unless it is considered waste.

You are entitled to 50% of all the retirement funds acquired during the marriage, whether or not your husband was unfaithful.

Not because he was unfaithful, but because any income or deferred income earned during the marriage is what is known as marital property, subject to equitable division in a divorce.

To the extent the retirement accounts were funded during the marriage, they are considered a community asset and the court can award you a portion of them. How much you would get depends on many factors, including what percentage of the account was accumulated during the marriage, what other assets are available to divide, what debts must be paid, etc. His unfaithfulness does not impact whether you can get any of it, but could help you get a bit more than you would have received otherwise.

You are entitled to equitable distribution. Very likely, this means that you will get part of his pension that he earned while you were married.

If the retirement funds were built up during the marriage, all or part of the fund would be marital property, depending on when you got married and when the fund was started. Consult with a family law attorney who can get the detailed background of your situation and ask the questions necessary in order to advise you competently. As an aside, a judge can take "behavioral issues" into account when dividing marital property and debt, but some judges are less sensitive to these issues than others and it depends on the specific facts of your case and the judge that's assigned to your case.

You are entitled to an equitable share of his retirement funds that were accrued during the marriage. The fact that he was unfaithful is not necessarily a factor in this, as Florida is a "no-fault" state, unless you can prove that he somehow wasted marital assets (such as the retirement funds) in the course of his infidelity.