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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 28053
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I am going through a divorce and we are doing a settlement

Customer Question

I am going through a divorce and we are doing a settlement agreement. my husband receives retirement from another job but is currenlty working another job (federal). In the settlement he states I am entitled to half of the retirement that he is receiving now but does not mention the pension that is accumulating on his current job. Am I entitled to the pension bennefits of his current job. We were married for 16 yrs. He worked his current job for 8 years of our marriage. What am I entited to is it just pension , 401k etc when it comes to job related monies? I am not sure what I need to be aware of. Is pension and 401k the same thing?
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.

Good morning. I certainly understand the situation and your concern. Yes, you should be entitled to a portion of his pension. Any pension, retirement, profit sharing, or deferred compensation plan or account is at issue, when divorcing in Maryland. Retirement assets include IRA, 401(k), 403(b), TSP, profit sharing, money purchase, pension, stock option, annuity, and any other deferred compensation accounts or plans; military, FERS, CSRS, state, county, municipal,

union, and private defined benefit plans and defined contribution plans; and survivor benefits.

Expert:  LegalKnowledge replied 1 year ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Customer: replied 1 year ago.
I have follow up question. He is receiving retirement from one job that he retired from and he is currently working for government do survivors benefits am I entitled to survivors benefit under the retirement he is receiving now?
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  LegalKnowledge replied 1 year ago.

No problem, I would be happy to respond and just kindly ask that you remember to rate my help at the top, when we are done, so the site will give me the proper credit. Any pension, retirement, profit sharing, or deferred compensation plan or account acquired during marriage is marital property. So, for example, the right to receive retirement benefits under a private or public employee pension plan, whether or not vested, matured, or contributory, is property which, if acquired

during marriage, constitutes marital property.