We live in Nevada and my wife is filing for a divorce shortly. She said she has rights to my social security and my small pension plan distribution. Does she have rights to the above?
1 Answer from Attorneys
Social Security is the definitional “entitlement” program – if you were married at least ten years, your ex can claim under either her own or your work experience (for payments from the government equal to half of whatever you would receive); but as it affects nothing for you, why would you care?
As for the pension, yes, to the degree it was earned during marriage, your ex is theoretically entitled to half of the martial portion, and this DOES affect what you receive. You would have to have a lot of specific information, and probably a consultation, to get any more precise of an answer.