Do I get half of my spouse’s pension in divorce?

by | Feb 19, 2023 | Spousal IRA | 23 comments

Do I get half of my spouse’s pension in divorce?




Do I get half of my spouse’s pension in divorce?…(read more)


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Divorce is a difficult and emotionally draining process, and one of the many things that couples must consider is the division of pension plans. This can be a complicated and confusing process, and many people are unsure of their rights when it comes to pensions. One common question is whether or not a spouse is entitled to half of their spouse’s pension in the event of a divorce.

The answer to this question depends on the type of pension plan in question. In the case of a defined benefit plan, such as a government pension, the answer is usually no. Generally, these types of plans are not subject to division in a divorce and the spouse is not entitled to any portion of the pension.

In the case of a defined contribution plan, such as a 401(k) or IRA, the answer is usually yes. These types of plans are subject to division in a divorce and the spouse is entitled to half of the pension. However, this is not always the case and the exact details of the division will depend on the specific plan and the state in which the divorce is taking place.

It is important to note that the division of pension plans in a divorce is a complex process and it is important to seek legal advice to ensure that the division is done correctly. An experienced divorce lawyer can help to ensure that the division of the pension is done fairly, and that both parties are aware of their rights and responsibilities.

See also  Surviving Spouse VA EVR

In conclusion, the answer to the question “Do I get half of my spouse’s pension in divorce?” depends on the type of pension plan in question. In the case of a defined benefit plan, the answer is usually no. In the case of a defined contribution plan, the answer is usually yes. However, the exact details of the division will depend on the specific plan and the state in which the divorce is taking place. It is important to seek legal advice to ensure that the division is done correctly.

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23 Comments

  1. Crazy Anime Gamer

    Why should you get something someone else worked for? Unless of course you never worked and can't provide for yourself.

  2. Janns Garcia

    U can keep all the money if their is lmao help me before I get a Pirata lawyer a ghetto one

  3. Praxis Media Group

    What if the spouse was retired when they got married and did not vest in the retirement during their 15 year marriage

  4. Lindsey Wagner

    Why are you skirting around the fact that 10 years is the legal length you have to be married to receive SSI benefits from your ex. Not two years not 25 years. What the heck? Something fishy about your video.

  5. Michael Mereday

    If wife worked and has a 401 plan

  6. BlueRed Finch

    great tips. what if both were working and both has pensions. one retired early then the other but they got divorced before both retired, how does pensions work, does one side get the early person pensions', then when the other retired the other get other person?

  7. Sweetiep30

    I stumbled upon your video. My husband applied as single on his retirement application application, He pass away 2 months ago.What can I do?.

  8. Elaine Nilsson

    Yeah, which 10 years????? Because the most of that pension was saved later in the career, NOT at the beginnig.

  9. Bruno Maciel

    My wife and I are married for 20 years. We decided to divorce and she and my son wants to stay in our house. House is not completely paid for. What should I do. Ok it or force to sale it.

  10. Drew Buddy

    DID YOU KNOW MARRIAGE IS THE LEADING CAUSE OF DIVORCE?!?!

  11. Me Nu

    YOU NEED TO BE BORN ON OR BEFORE 1954 !!!

  12. Robin Rutkosky

    In a divorce agreement the pension issue is taken care of. Spouse was given check from pension for half of the pension. Can that spouse go after more? I m curious. I have a friend in this position. I think it’s finished business for her

  13. Judy Florida

    I got half my spouses pension as alimony. If he dies I should get it all since my career suffered for his.

  14. Linda McAdarra

    Ty kindly I hv ur info. !

  15. Thomas Bridges

    I' Scared I'm 74 and married 34 years 2 kids gone and disabled on ony SS of $1500 thats it. Wife is corparate director still working making $165k a year and just turned 66 wants to work to at least 68 maybe70. Has right now $650K in 401k and by 68 will have $750k. Just give me an idea if Im going to be alright if she wants out Our assets are $500k cash in real estate net if sold. Thank You

  16. enoughsinsofmineown

    Could you put the state not just the counties please. It would help to know if this applies in my state

  17. Maria Martinez

    Can I have a phone consultation with you?

  18. Rachell Smith

    Does this apply to military servicemen still LIVING

  19. Meg Murphy

    Can you state a larger amount of pension in quadro rather than than the calculated amount

  20. Yoly Vela

    Today. I received the worse call ever. My brother in law accused me that I received my husband pension. When I have no idea what is that. But anyways. If I were receiving my husband's pension. It's my right. I'm not stealing anything from anyone, but I'm not receiving or social secure no pension

  21. Anthony Woods

    Hello. Can I transfer my ex-spouses retirement benefit over to my account at this time to my retirement account? I am 62 and I plan to retire soon. Please let me know. She has not retired. I don't know when she plans to retire.

  22. Nature Lover

    Thank you for the info.

  23. anna

    I was married for 22 years and divorced for 8 years. My ex-husband just died, I found out he has been receiving 2 pensions from companies he used to work for when we were married. Do I have any rights to it? I have never remarried. Thank you

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