I see. Thank you for clarifying that for me, Terri.
The time to pursue your interest in your spouse's pension would not typically be governed by a statute of limitations
, but must be pursued in the divorce proceedings.
If you are negotiating a separation agreement, then you must typically assert your right to a portion of the pension in those negotiations and not enter a separation agreement which wavies your right to such an interest.
If you and your spouse cannot agree to a division of marital property
, then a trial date will normally be set in the case and the court will determine how the asset will be divided based on the evidence presented.
Here is a link which sets out the factors a court will normally consider in determining how to divide marital property:
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