Legal Question in Family Law in Florida

Pension distribution

I have just divorced and we are currently distributing assists. My question is does my ex receive half my pension being I have never contributed any monies into it. This pension is completely funded by my employer. Thanks


Asked on 12/31/07, 11:21 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Pension distribution

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If it was earned during the course of the marriage, your wife is entitled to one half of the value of your pension. If only part of it was earned during the marriage, then it she is entitled to one half of that part. Generally, a QDRO is used to divide the interests of the parties.

Scott R. Jay, Esq.

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Answered on 12/31/07, 11:31 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Pension distribution

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If it was earned during the course of the marriage, your wife is entitled to one half of the value of your pension. If only part of it was earned during the marriage, then it she is entitled to one half of that part. Generally, a QDRO is used to divide the interests of the parties.

Scott R. Jay, Esq.

Read more
Answered on 12/31/07, 11:31 am


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