Legal Question in Family Law in Florida
I was married for 22 years of the 24 1/2 years husband was firefighter in New Jersey. At 24 1/2 years of work the Fire Department place him on involuntary ordinary disability pension. Two years later, now living in Florida, we are divorcing. Am I entitled to the portion of pension which was the non disability portion of the pension?
INFO: Husband was entitled to regular pension at 20 years, which would have been 50 % of pay.
They calculated his pension as 50% ending pay for the 20 years. And then recived 1 1/2 percent for each additional year.
I am assuming I would get .88 (Married time of husband's employment)
multiplied by the 50 percent of his pay which would be given to him for regular pension. And then I would be entitled to 50 percent of that.
Example: 3,000 (monthly pension)
x .88
-----------
2,640
x .50
------------
1,340
Comments? Do you agree? I have heard Florida does not split disability pension because Disability pension is for future earnings employee would have made. But in this case, he was eligible for 50 percent of pay at 20 years, even if he was not disabled.
2 Answers from Attorneys
Yes, based on the facts expressed in your inquiry, you are entitled to a share of
your husband's retirement funds, pensions, etc. Of course, under FL law, a spouse's
share takes all spousal property and debts into consideration. Length of the marriage
is also considered. Future income is also considered which is the reason disability
income may not be included in the distribution.
You would get 50% of the marital portion of the pension not the disability pension however all his income including the disbility can be used to calculate alimony if you apply for alimony. Contact my office for free consultation 727-446-7659
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