How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Samuel II Your Own Question
Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
Type Your Family Law Question Here...
Samuel II is online now
A new question is answered every 9 seconds

Was their ever a law passed that says a wife can only get

Customer Question

Was their ever a law passed that says a wife can only get half a spouses pension up until the time of divorce or by law can they receive half their pension...
Submitted: 6 months ago.
Category: Family Law
Expert:  P. Simmons replied 6 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Can you give some context? What state is this in? What is going on?

Expert:  Samuel II replied 6 months ago.

Hello Jean

Marital assets are those that are acquired during the marriage. So with a pension asset, the amount subject to distribution will only include any amount vested from the date of the marriage to the date of divorce and in some states such as California it is the date of separation.

However, there are other options then taking the pension split from a spouse. For instance, you and your former spouse can agree to divide the pension, with each of you receiving a share, or you may agree to leave the pension intact and divide family assets another way.

Say you own a house that is a marital asset and instead of getting a share of that, you may waive the pension and agree to the entire asset of the marital home. This, of course, is something you would want to consider discussing with your local family law attorney to ensure that you get all that you are entitled to, as per the laws of your state. If you provide the state and also any other questions, I can try to be more specific for you.

Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures i get credit for my time.

Related Family Law Questions