I have been married for 29 years. My husband has taken an early retirement, after 26 yrs working. I am working full time and he is living 100% on the pension. I filed for divorce and want to know if I am still entitled to 50% of the pension, even if it is his only source of income? He is able to work altho he says he has a neck injury that prevents him from working. That is not confirmed by any doctor. But even if it was, wouldn't he then be able to collect disability and I should still be entitled to half the pension? Please help
1 Answer from Attorneys
Re: Splitting pension
You are entitled to 50% of his pension that he earned while married to you, regardless of how it is spent. He is also entitled to 1/2 of what you earned during the marriage as well.