If I’ve been married to a firefighter for 2 months, is it possible to get his pension if we divorce now?

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If I’ve been married to a firefighter for 2 months, is it possible to get his pension if we divorce now?

He changed his behavior after marriage he doesn’t treat me right.

Asked on December 28, 2011 under Family Law, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you live in a community property state such as CA, community property is income during marriage.  Community property is also property acquired during marriage.  Each spouse has a one half interest in community property.

Separate property is property acquired before marriage or after the marriage ends.  Separate property is also income before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

Although a pension is community property if it is due to income during marriage, the community property portion of the pension would only be for the income that occurred during marriage.  You would only have a one half interest in that portion of the pension that resulted from income during marriage.  If you have only been married two months, your one half of the pension would only be for the amount of the pension that is due to the earnings during your two months of marriage.  This would not amount to much. 

The portion of the pension which represents income before marriage or after the marriage ends is your husband's separate property to which you would not have any claim.

If you are divorced or separated with no intent to reunite, your husband's income is his separate property and you would not have any claim to the the portion of the  pension that that income represents.

If you don't live in a community property state, other rules may be applicable. 

 


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