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Married for less than 10yrs (state of FL) is wife entitled to half of pension for that time? Thank u.

Tarpon Springs, FL |

Married on 2-2-02. She's getting ready to file. Rumor has it, less than 10yrs of marriage in FL she is not entitled to pension monies. She also aquired a house due to death of mother that we pay taxes on. (Grandparents live in it for free) I don't want half of her third, but I don't want her taking any of my retirement money either.

Attorney Answers 1

  1. In a divorce the Court determines the equitable distribution of marital assets and liabilities. A marital asset is generally anything that was accumulated during the marriage, such as the increase in your pension or retirement plan. So, the answer is yes, there is a marital portion of your pension plan that would be available for division in the Court's equitable division of your assets and debts.

    The house that the wife inherited is a bit more complex of an issue. It could be found by the Court to be a non-marital asset since it was acquired from a source unconnected with the marriage, but if you and your wife used marital monies to pay the taxes and perhaps make repaires etc, then their could be an argument that the inherited property or a portion of it is marital.

    The length of marriage does not affect the issue of marital v non-marital nature of the asset. However, the length of marriage can definitely affect the issue of alimony.

    At any rate, you definitely need to see an attorney experienced in these issues.

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