Thursday, 22 May 2014

During a divorce if there is a pension account that the company the employees pay into is the other spouse entitled to any of this money?

Question

During a divorce if there is a pension account that the company the employees pay into is the other spouse entitled to any of this money?



Answer

Probably. Some accounts are not vested, and therefore may not exist at the time of the divorce. Otherwise, monies earned during the marriage are community property, and subject to division upon divorce. This is an area that can become complicated quickly, and requires an attorney to review, but usually the portion acquired during marriage is split 50-50



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