If you’re getting a divorce, you may be wondering: will your spouse be entitled to half of your pension?
The shorter answer is maybe, it depends on several factors.
One of the most important factors is the length of the marriage.
Courts typically rely on the equitable distribution statute, which outlines 15 factors that a judge will consider when dividing marital assets.
Some of the most common factors include:
- The length of the marriage
- The financial circumstances of each spouse
- The marital lifestyle
In longer-term marriages, it is more likely that a pension will be divided equally between spouses. In shorter-term marriages, an equal division is less likely.
What Part of a Pension Is Subject to Division?
Only the portion of the pension that was earned during the marriage is subject to equitable distribution.
- Premarital portions of a pension are generally not subject to division.
- Any pension contributions or benefits earned after the complaint for divorce is filed are also typically notsubject to equitable distribution.
Other Pension Benefits That May Be Divided
In addition to the pension itself, courts may also divide certain related benefits, including:
- Pre-retirement death benefits
- Post-retirement death benefits
- Cost-of-living adjustments (COLAs)
Final Thoughts
Every divorce is different, and how a pension is divided depends on the specific facts of the case. Factors such as the length of the marriage, timing of contributions, and overall financial circumstances all play a role in determining what is fair and equitable.
At Townsend, Tomaio & Newmark, LLC, our seasoned divorce and family law attorneys ensure that through the process of resolving your family matter, you feel empowered, not overwhelmed. Providing unwavering support, undivided attention, and unflinching advocacy, our team invests in your cause, working tirelessly to pave your path toward a brighter tomorrow.
