If I divorce my husband, do I get any money from his retirement fund ?

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If I divorce my husband, do I get any money from his retirement fund ?

We have been married 14 years

Asked on October 22, 2017 under Family Law, Alaska

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Ultimately, there are a variety of factors that will influence the division of a retirement account, including when it was accrued, your state's theory of property division (community ptoperty versus equitable distribution), other marital assets, and how your settlement is framed. In other words, when you divorce, you may entitled to be supported by your spouse and this would which include taking a percentage of their pension (as well as a portion of the assets of the marriage and part of your spouse's future Social Security income). It would be advisable to consult directly with a family law attorney to discuss the details of your situation. They can best advise you further.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Ultimately, there are a variety of factors that will influence the division of a retirement account, including when it was accrued, your state's theory of property division (community ptoperty versus equitable distribution), other marital assets, and how your settlement is framed. In other words, when you divorce, you may entitled to be supported by your spouse and this would which include taking a percentage of their pension (as well as a portion of the assets of the marriage and part of your spouse's future Social Security income). It would be advisable to consult directly with a family law attorney to discuss the details of your situation. They can best advise you further.


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