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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