If I have been seperated from my ex for 14 years, am I entitled to his half of his annuity for the entire length of out marriage?

I have contacted his employer several times with no contact from them. How do I start my dudilegence of finding out how much is in the account? And what I’m entitled to legally? We lived together for 10 years.

Asked on June 12, 2012 under Family Law, New Jersey


Brad Micklin / Brad M. Micklin, Esq.

Answered 8 years ago | Contributor

It is difficult to answer questions about the division of assets and debts in a divorce because they are divided under a theory called equitable distribution. This does not mean equal distribution. Instead, judges have wide discretion when determining how to divide assets and debts in a divorce. However, most commonly they are divided equally because there is no compelling reason to divide them differently.

However, the length of your separation could be an important factor the court considers when dividing the retirement account. My argument would be that you are entitled to one half and the reason being that neither of you sought to be divorced over this period time. As such, you both made the implicit decision to remain married and, as such, you should share in the benefits of that marriage.

Additionally, please be mindful that your spouse will be entitled to one half of your retirement account's that you acquire over the same period of time also.

 You may not be able to receive any information from the company directly until a divorce is filed. They are probably prohibited from giving out any information regarding their employee to anybody other than the employee. Once the divorce was filed, you will be able to issue a subpoena to obtain that information.



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