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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30167
Experience:  Attorney with experience in family law.
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Does my wife automatically get half of my pension or is that

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Doe's my wife automatically get half of my pension or is that amount negotiable?

My name is XXXXX XXXXX I'd be happy to answer your questions today.

In order to answer your question, I have a few questions for you:
1. How long have you been married?
2. Did you begin working for your employer after you married?
3. Are you currently receiving monthly payments from the pension and, if so, did you start to get them before or after you married?
4. Does your wife work, or is she able to work?
Customer: replied 4 years ago.



1) 28 years


2) Yes


3) No monthly payments


4) She is working; substantial amount of her money is under the table

Thank you.

Unfortunately, in this case, the pension will be treated as a marital asset, where you've been married the entire time you're with the company, and it's not part of your monthly income. That means that she is entitled to approximately half. You are also entitled to approximately half of any retirement funds or other assets she has accumulated during the marriage.
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