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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33102
Experience:  16 yrs. of experience including family law.
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If I file for a divorce after my husband begins to receive

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If I file for a divorce after my husband begins to receive his retirement benefits, will I still be able to receive part of his benefits? My sister stated that if he receives his benefits or submit his paperwork prior to the divorce, I won't be entitled to any of them if we're still married. I don't believe this. Who's right?
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.



Context is important here...can you tell me
1. How long have you two been married?
2. Is he retired now? If so, how long ago did he retire?

Customer: replied 4 years ago.
We have been married for 16 years. No, he is not retired yet and I have not filed for a divorce as of yet. I want to make sure that I receive some type of compensation from him because I don't have a retirement plan where I work. The only plan that my employer provides is a match for money that I contribute via a 403(b) retirement plan. Will he be entitled to money from my plan, even though it's bascially a saving and not really a retirement plan?
Thanks

Then yes...you would be entitled to a portion of his pension. And he to yours. A 403b is a retirement plan and he will have an interest in your pension in the same way you have an interest in his.

This all comes down to the concept of "marital property"

When a couple divorces, as part of that process the court is tasked to divide all the property acquired during the marriage. Again, this includes his pension. And yours.

And the court will do this.

Florida is a "equitable distribution" state...so the court will divide the property as they find is the most "equitable" or fair.

But after 16 years? YOu will get a piece of his pension. Regardless of if you file prior to his actual retirement, after, or sometime in-between

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