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Does anyone know the guidelines as to retirement funds and how they are split in divorce?

My boyfriend was told that his "wife" would get half of his retirement once they get divorce but I was told that his wife is only entitled to it if they were married for over 7 years. Is this something that vary's by state or is there one simple rule to it?

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MSMARY33

Asked by MSMARY33 at 8:35 AM on May. 20, 2011 in Relationships

Level 4 (35 Credits)
Answers (10)
  • I think it varies. My mom was told after being married 10 years she is entitled to half of my step dads pension and any assets. So, it has to vary depending on the pension, state and all of that.
    gemgem

    Answer by gemgem at 8:38 AM on May. 20, 2011

  • No it varies state to state you should check out a pension attorney
    pinkdragon36

    Answer by pinkdragon36 at 8:38 AM on May. 20, 2011

  • It varies state to state. In NC you have to have been married 4 years to be entitled to half of everything including pension and alimony.
    Anonymous

    Answer by Anonymous at 8:40 AM on May. 20, 2011

  • It does vary by state and often if said "item" in discussion was acquired before or during marriage will also determine what the spouse will be entitled to.
    your boyfriend needs an attorney.
    MrsDAP

    Answer by MrsDAP at 8:41 AM on May. 20, 2011

  • It does not vary from state to state. It's the same for SS and private pensions for civil and military. You have to be married at least 10 yrs. He's lying to you.
    Anonymous

    Answer by Anonymous at 8:41 AM on May. 20, 2011

  • In my case I was awarded half because I had been married 10 years, but I also live in a community property state where everything, assests and debt, are split 50/50 no matter what. I will also get my ex's SS benefits and retirement pension benefits where his 3rd wife will get nothing.
    t3dragonflies

    Answer by t3dragonflies at 8:53 AM on May. 20, 2011

  • It varies from state to state, and if she is able to prove that she was a direct cause for him to earn more and save more-she'll get more. And keep in mind, divorce court doesn't always follow law, that is a general guideline for the lawyers to follow. If she can prove she created an environment for him to be a good earner she is entitled to at least half.
    jewjewbee

    Answer by jewjewbee at 8:55 AM on May. 20, 2011

  • Yea, I have a feeling it's just going to come down to them agreeing on things and how they should be split. She actually made more money them him. She was an RN but didn't start a 401K. Now she doesn't have a job and really isn't looking so I'm SURE she is going to go for whatever she can get at this point. Thank you for all the answers tho!
    MSMARY33

    Comment by MSMARY33 (original poster) at 8:59 AM on May. 20, 2011

  • In Texas it is 50% of what was put into/earned in interest while they were married.
    matthewscandi

    Answer by matthewscandi at 10:14 AM on May. 20, 2011

  • I think it varies, also. In CT I believe it's 10 years.
    1smartcookie

    Answer by 1smartcookie at 11:56 AM on May. 20, 2011

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