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I have a question. We're married for 11 years and I have my…

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I have a question...

I have a question. We're married for 11 years and I have my pension plan from employment. Will he still be entitled to receive part of the pension when time comes that I retire? Thanks

Lawyer's Assistant: Family law varies by state. What state are you in?

I'm from New York

Lawyer's Assistant: Have you talked to a lawyer yet?

Not yet.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

None actually. Thanks

Submitted: 8 months ago.Category: Family Law
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Answered in 12 hours by:
11/18/2017
Family Lawyer: Seattle Scott, Lawyer replied 8 months ago
Seattle Scott
Category: Family Law
Satisfied Customers: 1,003
Experience: I have 25 years experience as a Washington State Family Law Attorney.
Verified

I assume this question is asked in the context of a future divorce. Husband would be entitled to a portion of your pension when you retire. The portion is based on the total years you were employed, both before marriage and after divorce. So to use simple numbers: If you worked for 11 years before marriage and 11 years during marriage, 1/2 of the pension would be a martial asset and 1/2 would be your separate property, so husband would be entitled to 1/2 of the marital portion, which is 1/4 of the total pension benefits, based on the benefits that would be paid if you quit work at the time of the divorce. If you keep working after the divorce which increases the future pension benefits, ex husband does not get any of these increased benefits. This is all accomplished by way of a court order issued in the divorce that instructs the pension administrator what to pay each person when you retire.

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