What are my legal rights to my ex husband's pension plan at his work . We have been separated (not legally) for 2 years now, not legally divorced yet. I live in Mass.
4 Answers from Attorneys
As a general rule, you would be entitled to half of any pension plan acquired during the course of the marriage, however, I would need additional information in order to give a completely comprehensive answer. Has a divorce action been filed? How long were you married? Is there any other marital property that needs to be distributed? Feel free to contact me if I can be of any further assistance.
All property owned or acquired during the marriage is subject to division in a divorce agreement or judgment, the specifics of which could be better determined by an attorney retained by you to represent you in that divorce. Good Luck!
As an update to my prior answer, when I said "general rule", I meant what usually happens. It honestly depends on the specific circumstances.
First, you indicate you are married so he is not your ex-husband even if you are not living together. ERISA requires that a wife have at least half interest in her spouses retirement in the event of his death.
You have no current right to his retirement funds. If you file for divorce, then you can seek part of the retirement funds or alimony or both. Prior responses as to your rights in the event of divorce are accurate.
Please feel free to contact me if you have more questions.