Can my wife get any of my pension if I divorce her? 31 Answers as of May 28, 2013

I have been married for 4 years. I want to know if I divorce my wife, can she get any of my pension I earned before we got married?

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Law Offices of Frances Headley | Frances Headley
Premarital pension contributions are not subject to division upon dissolution. Only contributions made during the marriage creates a community interest that would be divided. You should consult a family law attorney to review all of the facts and advise you.
Answer Applies to: California
Replied: 1/3/2013
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
she will not get a part of the pension you earned before marrying. but that is not the answer to the question 'how much will she get.' I need to know a lot more to tell you anything useful. call me, and I will assist.
Answer Applies to: New Jersey
Replied: 12/20/2012
Attorney at Law | Aimee C. Robbins
No. She is only entitled to ask for her "coverture" share; which represents the pension monies accumulated during your marriage only. Nothing before and nothing after the divorce.
Answer Applies to: Maryland
Replied: 12/21/2012
Lombardi Law LLC
Lombardi Law LLC | SUZANNE LOMBARDI
In Alaska your pension BEFORE you got married should be safe. Anything earned during the marriage will be available for distribution. You would do well to contact an attorney who can help protect your assets.
Answer Applies to: Alaska
Replied: 12/19/2012
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
In Idaho, she would be entitled to one-half of 4 years worth of your pension. If you worked for 10 years, she would be entitled to .2 of your pension as it stand now: 4/10*.5.
Answer Applies to: Idaho
Replied: 12/19/2012
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    She is only entitled to 1/2 of any pension earned during marriage.
    Answer Applies to: California
    Replied: 12/19/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    She is entitled to a fair share of all marital property accumulated during the marriage. What is "fair" is either what the parties agree is fair or what a judge believes after evaluating all of the relevant facts and circumstances. There are no fixed, absolute rules. In Colorado, pension benefits accrued totally before the marriage are not marital property.
    Answer Applies to: Colorado
    Replied: 12/19/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    She is not entitled to the portion you earned before marriage, however, she is entitled to amounts contributed during the marriage.
    Answer Applies to: California
    Replied: 12/19/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Not the amount you earned before you got married, but one half of it since you got married.
    Answer Applies to: Florida
    Replied: 12/19/2012
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    Any portion of your pension that was earned prior to the date of marriage would be considered a non-marital asset to which she would have no entitlement. You should consult with an attorney regarding this and any other potential issues that might arise if you are looking at a potential upcoming divorce.
    Answer Applies to: Florida
    Replied: 12/19/2012
    Kram & Wooster, P.S. | Richard H. Wooster
    The court will consider the assets of the parties. However, if you had a pension before you were married it should be regarded as your separate property, except for the portion earned during your marriage. However, there are a number of other issues the courts consider when dividing assets in a divorce.
    Answer Applies to: Washington
    Replied: 12/19/2012
    Law Offices of Sherrie L. Davidson, LLC | Sherrie L. Davidson
    In general, no, any amounts earned before marriage or after separation are separate property belonging to the owner/employee. There are limited exceptions such as when income used during the marriage is used to buy back earlier time, or when someone is agreeing to exchange that amount for another asset.
    Answer Applies to: California
    Replied: 12/19/2012
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    In general, property that was acquired prior to marriage is separate property.
    Answer Applies to: California
    Replied: 12/19/2012
    Peyton and Associates | Barbara Peyton
    If your pension was entirely earned before the date of the marriage, no. Your wife is not entitled to division of that asset.
    Answer Applies to: California
    Replied: 12/19/2012
    Giles & Giles | Lewis C. Giles
    The pension you earned prior to getting married is your separate property and cannot be divided in a divorce. Your pension you earned while you were married, can be divided in the divorce.
    Answer Applies to: Texas
    Replied: 12/19/2012
    Steven Kalishman, P.A.
    Steven Kalishman, P.A. | Steven J Kalishman
    She might be entitled to a percentage of the amount that it increased during the marriage.
    Answer Applies to: Florida
    Replied: 12/19/2012
    Greener Burke Shoemaker P.A. | Adam Boyd
    Your wife is not entitled to any of your earnings, including any portion of your pension, from before you were married. Idaho is a community property state. As such, property acquired prior to the marriage (earnings, gifts, pension funds, etc) is separate property. Property acquired during the marriage is community property; your wife is entitled to half of that property. If you were given a gift, or inherited money, during the marriage - this is also separate property and your wife is not entitled to any portion of it.
    Answer Applies to: Idaho
    Replied: 12/19/2012
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    No. The pension you received before the marriage is not marital property.
    Answer Applies to: Illinois
    Replied: 12/19/2012
    Woods, May & Matlock, PC
    Woods, May & Matlock, PC | Robert J. Matlock
    Benefits earned prior to marriage are separate property and cannot be divided by the court in a divorce. I suggest you hire a lawyer.
    Answer Applies to: Texas
    Replied: 12/19/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    No.
    Answer Applies to: Michigan
    Replied: 5/28/2013
    Mary W Craig P.C. | Mary W Craig
    She should not be entitled to anything you earned before you got married, but if she contributed to the household income, and that income was the basis for contributions to your retirement, then the marital estate may owe her compensation or reimbursement for the money she contributed for 4 years. The best thing to do is give her a lump sum settlement for whatever you can agree on so that when you retire, she's not getting some small check every month from your reitrement.
    Answer Applies to: Alabama
    Replied: 12/19/2012
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    She can't get what you had at marriage, she can get 1/2 earned during marriage.
    Answer Applies to: California
    Replied: 12/19/2012
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    She is only entitled to her community share of the Pension form the date of marriage to the date of separation.
    Answer Applies to: California
    Replied: 12/19/2012
    John Russo | John Russo
    If you are already receiving the pension then the answer is no, unless she is awarded alimony, if you have not yet received the pension and were still paying into it during your marriage the she is entitled to a marital share, i.e. in your case not much she would only be entitled to 4 years worth of the pension value which would not amount to much.
    Answer Applies to: Rhode Island
    Replied: 12/19/2012
    Law Office of Eric S. Lumberg | Eric S. Lumberg
    In Michigan, she can claim a portion of the earnings during the marriage. Consult with an attorney to discuss this issue further.
    Answer Applies to: Michigan
    Replied: 12/19/2012
    Victor Varga | Victor Varga
    No, just a marital share of what was earned during the marriage.
    Answer Applies to: Maryland
    Replied: 12/19/2012
    Elmbrook Law Offices
    Elmbrook Law Offices | Gregory Straub
    While this is a negotiable item, your wife would typically be eligible for the pension money contributed and interest earned on that money from the day of your marriage forward.
    Answer Applies to: Wisconsin
    Replied: 12/19/2012
    Law Office of Annette M. Cox, PLLC
    Law Office of Annette M. Cox, PLLC | Annette M. Cox
    Anything that was acquired or accrued prior to marriage is your sole and separate property. Property acquired during the marriage is subject to division, as Arizona is a community property state. Provided there were no additional earnings or contributions made to the pension during the marriage, then it is your sole and separate property. If you continued to work for the same employer and benefits accrued during the marriage as well, you would need to have a Qualified Domestic Relations Order done in order to separate out the portion that is your "sole and separate" interest from what is the community's portion.
    Answer Applies to: Arizona
    Replied: 12/19/2012
    Law Office of Beth Jackson Day | Beth Jackson Day
    not before you gor married but while you are married.
    Answer Applies to: Maryland
    Replied: 12/19/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    In Nevada, if the pension was entirely earned before the marriage she is not entitled to any of it. She is entitled to a pro rata share for the portion earned during the marriage.
    Answer Applies to: Nevada
    Replied: 12/19/2012
    Stephen Spring
    Stephen Spring | Stephen Spring
    She's only entitled to a portion of retirement after marriage and courts use a formula calculated using number of years married, benefits, etc. so I wouldn't think she'll get much. Courts call it a QDRO.
    Answer Applies to: Louisiana
    Replied: 12/19/2012
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