Will my spouse be able to take half of my pension?

Accel Admin   July 31, 2015   Comments Off on Will my spouse be able to take half of my pension?
  • So long as it is acquired during the course of the marriage and before the commencement date of the divorce, retirement benefits and pensions are considered marital assets.
  • This means that it is divisible by equitable distribution upon divorce or separation.
  • The part of the pension allowed to the other spouse will be measured from the date of the marriage to the date of the commencement of the action.
  • For example, if a person was in a pension system for ten years prior to the date of marriage and now it’s ten years later when they are getting divorced, only the last ten years would be used to calculate the non-titled spouse’s share in that pension.
  • It is not a 50/50 split of the entire pension, only the marital portion of it.