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Roger, Attorney
Category: Family Law
Satisfied Customers: 30905
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am about to file for divorce. For the past 10 years we have

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I am about to file for divorce. For the past 10 years we have lived in KY. My husband has been a teacher and coach in KY for over 10 years. I have worked but have no retirement. I recently moved out of state to take another job. Question am I entitled to any of his retirement? We have been married for 11 years and have 3 small children together. Thank you.

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.


You should be entitled to some portion of his retirement because it is a marital asset and therefore "equitable distribution." This means that property is divided fairly, though not necessarily equally.


The court will examine several factors, including: (1) the length of the marriage, (2) the value of each spouse's separate property, not eligible for division between the spouses, (3) each spouse's contribution to the marital property to be divided, (4) each spouse's economic standing, including income or ability to earn income and (5) which spouse has custody of any children and who will maintain ownership and/or possession of the marital residence.


Generally, you would be entitled to 1/2 of his retirement that he's made during your marriage.

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