Splitting Pension Benefits
If you have accrued retirements benefits throughout the course of a marriage, splitting pension benefits right down the middle might be a necessity. If you are contemplating divorce, contact an experienced Albany divorce lawyer at our office to review your case and protect your pension.
Is my wife entitled to any of my pension if we divorce? I know we have to split half the house and half of her new car, but we’ve never had bank accounts together.
If you find your self contemplating divorce, you should consult with an experienced local attorney.
If all or part of your pension benefits accrued during your marriage, your wife would have a right to seek a portion of the marital portion of your pension. The marital portion is the portion that accrued between the date of marriage and the date of commencement of the action for divorce. This holds true despite a lack of children or shared bank accounts.
Bank accounts held in separate names are also still subject to equitable distribution, if contributions were made to those accounts during the marriage with income or funds you earned during your marriage.
The percentage that she would receive could be 50%. It could also be less if you had entirely separate financial lives. But, a judge assigned to your case would make that decision.
An experienced attorney who specialized in family and matrimonial law can help you assess your specific circumstances, and navigate the divorce process.
To speak with the lawyers at Jean M. Mahserjian, Esq., P.C., call us at the number above. We will be happy to answer your questions and schedule an initial appointment at our Clifton Park office. You can also schedule an appointment by contacting us online.