Legal Question in Family Law in Virginia

Divorce

If your husband is employed by the Federal Governement and you have been married 25 years, and you end up getting a divorce is the spouse entitled to part of his pension?

Asked on 2/15/09, 1:01 pm

2 Answers from Attorneys

Ruth Emily Kochard Ruth Emily Kochard, Counselor at Law

Re: Divorce

Yes, a pension may be considered as marital property and subject to equitable distribution, but it is critical that the amount you claim be adequately valued and presented to the court. If it is not clear what amount you are claiming is marital you will not be entitled to recover a portion of the pension. I suggest that you speak with an attorney concerning how you can best proceed in this matter.

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Answered on 2/15/09, 3:22 pm
Ruth Emily Kochard Ruth Emily Kochard, Counselor at Law

Re: Divorce

Yes, a pension may be considered as marital property and subject to equitable distribution, but it is critical that the amount you claim be adequately valued and presented to the court. If it is not clear what amount you are claiming is marital you will not be entitled to recover a portion of the pension. I suggest that you speak with an attorney concerning how you can best proceed in this matter.

Read more
Answered on 2/15/09, 3:23 pm


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