If seeking a divorce, will a spouse be entitled to his/her spouse’s pension if married less than 10years

UPDATED: Oct 1, 2022

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If seeking a divorce, will a spouse be entitled to his/her spouse’s pension if married less than 10years

Been married 8years and would like a divorce. Trying to find out if my spouse would be entitled to my pension. We live in the State of Md.

Asked on November 16, 2018 under Family Law, Maryland


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A pension is a marital asset for ditribution during the divorce.  However, only that poriton that is earned during the marriage is divisable.  In other words, if you started in your pension 15 years ago but have only been married for 8, only 8 of the 15 are valued as a marital asset.  Good luck.

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