Can I Get Part Of My Spouse's Pension And Employment Benefits?

To the extent that a married person accumulates an interest in a pension, retirement, profit sharing or other employee benefit plan during the marriage, it is community and subject to division in the divorce. The law gives the judge the power to award a spouse his or her pension plan, based on its present value, or to reserve jurisdiction to award each spouse a proportionate share of the benefits when they are paid.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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