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Will my ex get half of my pention, and 401k retirement $$$ when I retire?

Beaverton, OR |

This is a threat that I had gotten from her before either one of us had seen an Attourney.
Is this a set law, or is it based on conditions?

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Filed under: Divorce
Attorney answers 1

Posted

I am a licensed attorney located in Beaverton, Oregon. Generally in Oregon, a spouse is entitled to half of anything which was accrued during the marriage. For example, if the pension was acquired prior to the marriage, a spouse may only be entitled to half of whatever accrued during the marriage, not half of the total pension or 401K. An appraiser may be necessary to determine the value of any pension/401K accrued during the marriage. Also, this matter could be negotiated. The courts like to total up all assets acquired during the marriage, and divide it up equally. If you don't want your spouse to touch your pension, you might agree to give up something else in exchange.