Legal Question in Family Law in Florida

marriage, divorce,

If a man divorces his wife, that he has been married to for 13 years. He is entitled to part of her retirement, correct? But what happens if he gets married again to someone else


Asked on 10/20/08, 2:40 pm

3 Answers from Attorneys

Harold Holcombe Harold D. Holcombe, P.C.

Re: marriage, divorce,

Very, very generally, the way it works is that when a person divorces another they get a final settlement. This includes retirement. The retirement is figured using calculations to determine the present value of the retirement and it is settled at that time. For example, if you work at a company and you are to get retirement at age 65 and you divorce at 45, the present value of the retirement is figured at age 45 and distributed at that time to both parties along with all the other property. This is the way it should be done. But, the rule is that the parties are entitled to an "equitable distribution" of marital property, which may or may not include retirement. This distribution is based on many, many factors. This is way too complicated to discuss in this format. You would need a book.

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Answered on 10/20/08, 4:33 pm
Brent Rose The Orsini & Rose Law Firm

Re: marriage, divorce,

If your divorce happens in Florida, the quick answer is yes, you get half of the retirement that was earned during the marriage, and remarriage is irrelevant.

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Answered on 10/20/08, 6:04 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: marriage, divorce,

Question one: Maybe, maybe not depending on facts you have not posted.

Question two: Maybe, maybe not depending on the language of the decree.

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Answered on 10/20/08, 9:34 pm


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