Legal Question in Family Law in Nevada

divorce/retirement

I was married to my former husband for 25 years. Am I entitled to receive part of his retirement benefits as well as his social security benefits?


Asked on 5/27/07, 1:22 pm

3 Answers from Attorneys

Anita Webster Webster & Associates

Re: divorce/retirement

You are entitled to one half of pension benefits accrued during the marriage put that is not the whole story. You are also entitled to a portion of any benefits earned after divorce pursuant to the time line rule. Pensions in Nevada are divided pursuant to the time line rule set forth in the cases of Gemma and Fondi. There is a formula that is applied to pension to determine the portion that is community and therefore divided as part of the divorce and the portion that is not community and therefore awarded to the spouse that earned the pension. You also need to think about survivor benefits. Social Security is controlled by the Social Security Administration and therefore is not an asset that the Family Court can divide.

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Answered on 5/29/07, 12:46 pm
Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Re: divorce/retirement

Yes, but you wrote that you were married. Have you already been divorced? If so, how long ago?

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Answered on 5/28/07, 10:13 am
James Smith James E. Smith Ltd.

Re: divorce/retirement

Yes

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Answered on 5/27/07, 3:53 pm


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