As a dedicated Saratoga Divorce Lawyer, clients will come to my office and ask how a premarital pension is divided during a divorce.
- The post-divorce division of a defined benefit pension plan that existed prior to the marriage will be based on the length of time the titled spouse participated in the plan, both before and during the marriage.
- In most cases, 50% of the portion of the plan that accrued during the marriage is transferred out or paid to the alternate payee
- The titled spouse retains the portion that was theirs prior to the marriage and 50% of the portion earned during the marriage.
Do you have a premarital pension that you are worried will be divided? Contact experienced Saratoga Divorce Lawyer Jean Mahserjian for navigation.