Is my husband entitled to any of my benefits and vice versa if we get a divorce? 19 Answers as of March 07, 2013

I have been working for 7 years and have a 401k pension. I think my husband has a pension because he has been working as well. We have been married for 2 years and in the process of getting a divorce.

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Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
If you are in Florida, any portion of the pension and 401k that were accrued during the marriage would be considered marital property subject to equal division. Portions earned prior to the marriage are premarital and belong to the person who accrued them.
Answer Applies to: Florida
Replied: 3/7/2013
Bruning & Associates, PC
Bruning & Associates, PC | Kevin Bruning
Thank you for your important question. The lawyers at Bruning & Associates PC will help you. Any retirement benefits received during the marriage are marital property. Any retirement benefits received before the marriage are non-marital property. The court will divide the marital property, usually 50/50. You need to hire an experienced divorce lawyer.
Answer Applies to: Illinois
Replied: 3/7/2013
Carey and Leisure | John Smitten
each gets half of the marital portion of the accounts.
Answer Applies to: Florida
Replied: 3/7/2013
Anteski Law Firm | June Anteski
You each are entitled to a marital share of the marital assets that accumulated during marriage. The marital assets includes that portion of the 401k and pension for the years of the marriage only. A Qualified Domestic Relations Order will need to be drafted to divide the assets. This is sufficiently complicated that you will need an experienced family lawyer to assist you.? Good luck.
Answer Applies to: Arkansas
Replied: 3/7/2013
Alison Elle Aleman, Attorney & Counselor at Law
Alison Elle Aleman, Attorney & Counselor at Law | Alison Elle Aleman
A portion of both your retirement benefits and his retirement benefits, that you each accrued during the time of the marriage, even if that period was only 2 years. Those portions will be figured into the total community estate when it comes time to divide between the two of you. Since you each have interests, they may well match and cancel one another out, preventing either of you from having to pay the other one.
Answer Applies to: California
Replied: 3/7/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Deferred compensation, 401(k) plans and pensions generally are considered to be marital savings and subject to distribution if they occurred during the period of the marriage.
    Answer Applies to: Michigan
    Replied: 3/7/2013
    John Russo | John Russo
    Yes but only the marital portion, i.e. the two years you have been together, but if he has one and you have one just waive in each others, doing this yourself? Whatever.
    Answer Applies to: Rhode Island
    Replied: 3/7/2013
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Any earnings during the 2 year marriage is community. Any of those monies placed into retirement or the 410k are community.
    Answer Applies to: California
    Replied: 3/7/2013
    S. Joseph Schramm | Joseph Schramm
    All payments made into 401k plans and pension plans during the course of your 2 year marriage are marital property and subject to equitable division between the parties to a divorce. How much of whose plan and which spouse receives it depends on the facts of the individual case?
    Answer Applies to: Pennsylvania
    Replied: 3/7/2013
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    Each of you is entitled to 1/2 of the amount earned during the marriage.
    Answer Applies to: California
    Replied: 3/7/2013
    Law Office of Eric S. Lumberg | Eric S. Lumberg
    yes, you each can make a claim against the others pension funds. Depending on the amounts, there may be set-offs and other considerations. Consult with an attorney to discuss further.
    Answer Applies to: Michigan
    Replied: 3/7/2013
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    Both of your 401ks are subject to equitable distribution, but only that portion that accumulated during your marriage.
    Answer Applies to: New Jersey
    Replied: 3/7/2013
    Mari Morrison Attorney at Law | Mari Morrison
    In Alabama 2 years is usually not recognized as giving the other party a share in your retirement, usually it is 10 years or more.
    Answer Applies to: Alabama
    Replied: 3/7/2013
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    Generally, you are each entitled to half of all assets accumulated during the marriage (including retirement accounts). Anything acquired prior to the marriage is presumed to be If you agree that the retirement you accumulated during the marriage is roughly equivalent to the retirement he accumulated during the marriage, your paperwork can reflect that you will each keep your own. If there is a disparity in values, they should be equalized as part of the property settlement in your divorce.
    Answer Applies to: Arizona
    Replied: 3/7/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Before you do anything, talk to a divorce lawyer. And do that soon.
    Answer Applies to: New Jersey
    Replied: 3/7/2013
    Law Offices of Julie A. Ringquist | Julie A. Ringquist
    In California, anything acquired during the marriage (except for gifts and inheritances) is community property and will normally be divided. If you each have fairly equal retirement/401k/pensions, then you may just each choose to keep your own. If part of your 401k was earned prior to marriage, then that part is separate property and won't be divided.
    Answer Applies to: California
    Replied: 3/7/2013
    Peyton and Associates | Barbara Peyton
    You are each entitled to one-half of whatever was acquired in your pensions and 401k plans during your marriage. Good luck.
    Answer Applies to: California
    Replied: 3/7/2013
    The Law Offices of Tres A. Porter | Tres A. Porter
    The simple answer is yes. You should consult with a family law attorney in your area.
    Answer Applies to: California
    Replied: 3/7/2013
    Danville Law Group | Scott Jordan
    Yes, you are both entitled to a portion equivalent to the length of accumulation divided by the length of the marriage in each others' retirement accounts.
    Answer Applies to: California
    Replied: 3/7/2013
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