My spouse and I are divorcing. Am I entitled to share in my spouse’s pension?
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UPDATED: Feb 12, 2020
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Yes, if the pension was earned in whole or in part during your marriage, you’ll generally be eligible to share a portion of it. A lot depends on the state in which you and your spouse live. Many states do consider that the pension belongs to the participant and his/her spouse jointly. A state court will decide whether or not an ex-spouse or child is to share in the participant’s pension. ERISA will uphold the court’s decision. A lawyer who practices in the divorce field should be able to assist you to understand and protect your rights.
For a helpful article on how retirement assets are divided as part of a property settlement in divorce, click here.