If I was married to my ex-husband for more then 10 years, can I get some of his retirement?

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If I was married to my ex-husband for more then 10 years, can I get some of his retirement?

Asked on May 10, 2012 under Family Law, North Carolina

Answers:

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

Answered 8 years ago | Contributor

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

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

That portion of your husband's retirement pension which represents income during your marriage is community property and you would be entitled to one half. 

The portion of your husband's retirement pension which represents his income before your marriage or after your marriage ends is your husband's separate property and you would not have any claim to that because it is his separate property.

For example, if you and your husband were married ten years, but your husband retired after 25 years of employment, your share of the pension would be for the income represented by the ten years of your marriage.  The remaining fifteen years of your husband's income represented by the pension would be his separate property and you would not have any claim to that portion of the pension.

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


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