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Am I entitled to my husband's annuity retirement plan if we divorce?

Pompano Beach, FL |

Am I entitled to my husband's pension annuity plan in the event we get a divorce?

My Social Security benefit is only $449 a month.

We got married seven years before he retired. We've been separated for over 3 years but stay in contact via phone or online chat. He still pays my health insurance but he is planning to drop it when I am qualified to get a Medicare plan. I am 64 years old.

Thank you.

Attorney Answers 1


Short answer: Yes.

In general, any amounts invested in a pension or annuity during the marriage are subject to division. Any amounts invested before the marriage are not subject to division. It sounds like a portion or all of his plan will be divided if you file for divorce.

Attorney Howard Iken
The Divorce Center
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