In a divorce, what are a wife’s rights to her husband’s pension plan?

UPDATED: Jun 18, 2011

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In a divorce, what are a wife’s rights to her husband’s pension plan?

I have been married for 27 years and will be getting divorced. My husband worked for a company for 18 years starting and ending during the marriage. I am 50 and he is 51. We have a 21 year old son living at home and he is a full-time college student. What rights do I have to my share of his pension plan?

Asked on June 18, 2011 under Family Law, Florida


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

Answered 11 years ago | Contributor

I am so sorry for your situation after all of these years.  The general rule regarding pensions are that they are marital assets and that they are to be considered as such when the time comes for a determination as to the distribution of the marital assets.  In other words, it is part of the pot.  Now, you need to be very careful here with all of this, distribution and support as well.  Some states only allow for child support up to age 18 (but the parties can agree to support further than 18),  You are going to want to ask for support while he is a full time student and you are going to want to ask for college payments as well.  Many parties forget this in a divorce but you are in the modts of things.  DOn't just assume he will pay.  Make it part and parcel of the agreement.  Get legal help.  Good luck.

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