If I’m divorceing after 7 years, is my wife entitled to half of my pension?

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If I’m divorceing after 7 years, is my wife entitled to half of my pension?

Asked on January 11, 2013 under Family Law, Minnesota

Answers:

Matthew Majeski / Majeski Law, LLC

Answered 8 years ago | Contributor

It will depend on the facts of your case.  More specifically whether the asset was marital or non-marital.  It's also possible part of it will be considered each.  A judge will ultimately divide the properly in a "fair and equitable" manner, but for all practical purposes this usually means "equal".  You can also try alternative dispute methods like mediation to try to come to an agreement which will include what to do with the pension.  I or any Minnesota divorce lawyer can help you with this.

 

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 8 years ago | Contributor

Hello.  In Minnesota the division of marriage assets is to be made fairly and equitably.  In rare circumstances involving severe hardship to one of the spouses, some portion of nonmarital assets (for instance, pension benefits that accrued prior to the marriage) may be divided in a divorce.  Oftentimes tradeoffs will be made in dividing marriage assets and apportioning (dividing) marriage debts.  It is not at all uncommon for me to have a person not want his/her pension or 401K or IRA to be divided in a divorce.  Infrequently one of divorcing spouses will want to be generous to the other spouse.  Typically a person facing divorce wants to receive all money to which he/she is entitled under law. When I privately confer with a client I will discuss options available under law and make recommendations to which the client may or may not agree.  It is my role to provide legal counsel and legal advice to the client.  So you know, Minnesota uses the term "marital dissolution" when referencing divorce.  The statute you may view as a starting point is Minnesota Statute 518. In my view it is quite cost-effective to seek an attorney's assistance in the event that you are facing a divorce or considering divorce, or worried your spouse may be contemplating divorce.  I recommend that you make many phone calls to attorneys in choosing because it is so important that you feel a sense of great trust with the attorney you choose to help you.  The attorney is providing a personal service to you and it is critical that you carefully select the attorney for your situation.


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