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

Asked about 5 years ago - 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)

  1. Howard Iken

    Contributor Level 10

    Answered . 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.

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Related Topics

Employee retirement benefits

Your employer may offer retirement benefits, like 401k plans, which you must help fund and manage, or company-provided pensions, which the employer manages.

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