Hey I’m Getting Divorced What About My Pension

A recent client came in to talk about getting divorced in Florida.  As a government employee she accumulated a fairly substantial pension.  The question came up because she was the person who accumulated her pension while her husband did not save one dime of retirement assets.  Unfortunately, Florida Divorce law is fairly clear when it comes to pensions.  If pension benefits were accumulated during a marriage the court will equally divide the marital portion of the pension.  The marital portion of the pension generally means from the date of marriage until the date either spouse files for divorce.  In other words, generally speaking, the cut off date is the date  the divorce is filed.  Even if you are in an unhappy marriage, the pension benefits will continue to accrue to the non-contributing spouse until the date in which the divorce is filed.  For most people, their pensions are extremely important.  For every day you do not file for divorce your spouse is entitled to 50% of the marital portion of your pension.  At times, people getting divorced trade pensions for other marital assets. Also, if marital waste can be proven the Judge could order an unequal distribution of marital assets.  In all circumstances it is best to receive legal advice from an experienced divorce attorney.  At Schantz and Schantz, Family Law Firm, Hale Schantz and Laura Schantz will be able to give you their advice based upon 34 years of legal experience.-

Feel free to call our Weston and Coral Springs (Parkland) Divorce attorneys at 954-385-1536 in order to schedule a free consultation.