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TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12365
Experience:  JD, MBA
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I have a friend who is divorcing who has a Federal Retirement

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I have a friend who is divorcing who has a Federal Retirement Account through his work. He has them take 4% of his check each pay period to which his employer matches with another 4%. He has been paying into it for about 3 years now. He can't use it until after the 10th year. Would his soon to be ex be entitled to any of those funds?
Hello and thank you for allowing me the opportunity to assist you.

Theoretically, the answer is yes. It is possible that the ex will be entitled to some of the retirement funds. It depends primarily, however, on (1) whether she has any retirement herself and whether she and your friend can agree to keep their own accounts, and (2) how long they were married.

The first is self explanatory. The second deserves a little more explanation. As a general rule, marital property must be split in a divorce. Marital property is defined as any property obtained during the marriage, except for gifts and inheritances. Accordingly, any money put into the retirement account while married would be considered marital property subject to being split. But if they were only married for a few months, then clearly she would not be entitled much if anything. On the other hand, if they were married for 40 years, then she may be entitled to half of everything. So, it just depends on how much was put away while they were actually married. Whatever percentage that is, she's likely be entitled to part of it.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!

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TJ, Esq. and 2 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

Since he can't cash out any funds for another 7 years would there just be a clause or something stating at that time she is entitled so whatever % or would he have to pay her now?

Hi again.

The money would be divided when it is available. He would not have to pay her now. That would give her more rights to the money than he currently has. She can only have the same rights.

I hope that helps.