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What does " Marital share " means?. Divorce was final 13 years ago. Work seven years while married.Will retire next year.

Springfield, VA |
Filed under: Divorce

The parties agree that Husband shall have a 50% interest in the share of Wife's pension. "
Marital share " shall be define and calculated as follows: Marital share = Mos. Of Service During Marriage at Date Of Separation. Total Months of Service at Retirement

Attorney Answers 1


It appears from your posting that your agreement defines the marital share.

To make the math easy, let's assume 21 years of total service toward pension/retirement. Seven years were during the marriage. Fourteen years were outside the marriage.

7 marital years divided by 21 total years is one-third. Husband gets half of the third or one-sixth.

You could also multiply the years by 12 to get months as provided in the agreement, but the result is still one-third.

Whatever pension check the wife is entitled to, husband gets one-sixth. If wife's check is $1,000, then husband gets $167.

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