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How much of my husband's pension do I receive and for how long if we divorce?

Huntington Beach, CA |

My husband and I were married in 2004. He is seeking a divorce. He wants me to give up my rights to claim on his pension and 401K if I agree to accept other assets instead. He is estimated to be paid $7,850/month from his pension and he currently has $16K in 401K. Estimated his 401K to be $300K by the time he retires at 55. Before I agree to anything, I want to know how much I would receive from his pension and 401K and for how long could I receive these payments?

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Attorney answers 2


There's not enough information to give you an answer. You'll need to review ALL the facts (date he started work, balance on the date you got married if he started work before you got married, balance on date of separation, etc.) with an experienced family law attorney to tell you if you're being offered a good deal. There's enough at stake here that you should NOT try to figure this out on your own.


Your share of your husband's 401K plan would be 1/2 of the contributions made to the plan during the marriage before separation, plus or minus investment gains or losses thereon to time of distribution. Your share of your husband's pension plan would need to be calculated based on the duration of your marriage plus other information not contained in your question. You could hire Ronald Reddall at Pension Values (find him on the internet), an expert in pension valuation, to calculate the current value of your share of your husband's pension plan.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

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