Asked over 4 years ago - Lawrence, MA

He's a federal employee and naval reservist do I get any part of his pensions, if yes which ones or both? and what precentage and after how long of being married?

Attorney answers (2)

  1. Joseph K. Chancellor

    Contributor Level 13

    Answered . Yes you can, but it all depends. Not a cut and dry answer. Give me a call if you wish to discuss this further. Joseph Chancellor (617) 725-2675

  2. Stephen F. McDonough


    Contributor Level 9

    Answered . Retirement assets are generally subject to an equitable division at the time of divorce. The division of property in MA must be equitable, and it is not uncommon that retirement assets are equalized, but that depends on the circumstances of your case.

    Also, the length of your marriage can be a factor. If you were married a short time, then it would not be typical that you would receive substantial retirement assets. For a longer-term marriage, you may receive 50% of the retirement benefits, but whether you have any retirement benefits will of course be a factor.

    Handling retirement benefits, including pensions as you describe can be somewhat complicated. Pensions also require a more complex valuation, so you should meet with an experienced divorce lawyer to get specific advice for your situation.

    Good luck.

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