How long do you have to married before you can get your spouses retirement.

Asked almost 4 years ago - Philadelphia, PA

How long do you have to married before you can get your souses retirement or 401k

Attorney answers (3)

  1. Matthew Roy Kessler

    Contributor Level 10

    Answered . If you are referring to splitting a portion of your spouses retirement funds as part of equitable distribution you first must figure out what portion of the retirement account is considered marital property under Pennsylvania law. Remember that any funds held in that account prior to the date of your marriage remain non-marital property which is not subject to equitable distribution. Likewise, any money invested into that account from the date of separation forward would be considered non-marital. The portion that would be considered marital would be the increase in value of that account from the date of marriage until the date of separation plus or minus any gains or losses that amount of money would have experienced due to market fluctuations or otherwise since the date of separation.

    As for your question, the length of yoru marriage only has bearing on calculating what portion of the funds are marital and subjection to equitable distribution. There is no bright line rule that, say, after 3 years you are entitle to half of the funds. It simply does not work that way.

    Should you have additional questions, you should consult a local family law attorney.

  2. Paul John Stacom

    Contributor Level 9

    Answered . There is usually no set time period, unless, for example, it is a military pension. What is considered marital is that portion contributed from teh date of marriage to date of separation.

  3. Karen Ann Ulmer

    Pro

    Contributor Level 13

    Answered . There is no set period of time. You are entitled to share of the marital component of the retirement which is determined by the period of time you were married and the value is determined from the date of marriage to date of separation.

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