If I have been married 9 years and divorce, will my wife get any on my retirement?

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If I have been married 9 years and divorce, will my wife get any on my retirement?

Asked on June 16, 2012 under Family Law, Louisiana

Answers:

Brad Micklin / The Micklin Law Group

Answered 10 years ago | Contributor

Probably.  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.  

Generally, a spouse is entitled to up to 1/2 of the moneys acquired in a retirement account of the other.  However, that will be offset by 1/2 of the money the first spouse acquired in his/her own retirement account during the marriage.

 

 


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