If my husband has a deferred compensation plan, am I entitled to any of it in a divorce?

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If my husband has a deferred compensation plan, am I entitled to any of it in a divorce?

My husband is a retired police officer that paid into a deferred compensation plan as part of his retirement. He retired before we were married. Would the plan be considered when we divorce? Also, during our marriage he has been investing in CD’s. Could that be considered? Should I speak with a divorce attoreny? In Douglas Country, CO.

Asked on October 10, 2010 under Family Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, you should seek legal counsel in your area as soon as you can.   Generally speaking, assets - the deferred comp is an asset - that were acquired prior to the marriage are separate property and those that were acquired during the marriage - like the CD's - are marital property subject to equitable distribution.  Sometimes assets that are separate property take on the attributes of marital property (for example when assets such as inheritance are co-mingled in to one joint account).  And sometimes what appears to be marital property can really be separate property - like if the CD's were purchased with the deferred comp money only- so the specifics as to what happened with all the funds will come in to play here.  Good luck. 


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